How The Supreme Court Has Upheld The Constitutionality Of The Eknath Shinde Government Of Maharashtra

The Supreme Court of India has delivered a landmark verdict on the political crisis that rocked Maharashtra in June 2022. The apex court has upheld the constitutionality of the Eknath Shinde-led government, which was formed after a split in the Shiv Sena party and with the support of the BJP. The court has also ruled that the former governor, Bhagat Singh Koshyari, acted wrongly by calling for a floor test in the assembly, but it cannot restore the previous Uddhav Thackeray government as he resigned voluntarily without facing the test.

The Background of the Crisis

The crisis began after the 2019 Maharashtra assembly elections, which resulted in a hung assembly. The Shiv Sena, which was in alliance with the BJP, demanded a rotational chief ministerial post, but the BJP refused to accept it. The Shiv Sena then broke its ties with the BJP and joined hands with the NCP and the Congress to form the Maha Vikas Aghadi (MVA) government under Uddhav Thackeray.

However, in June 2022, a revolt erupted within the Shiv Sena, led by Eknath Shinde and 39 other legislators. They claimed that they were unhappy with Thackeray’s style of functioning and his alliance with the NCP and the Congress. They also accused him of violating the party whip by voting against some bills in the assembly. They submitted their resignations to the Speaker and expressed their support to the BJP.

On June 30, Koshyari invited Shinde to form the government and administered him the oath of office along with BJP leader Devendra Fadnavis as his deputy. He also asked him to prove his majority on the floor of the house within 24 hours.

The Legal Battle

The Uddhav Thackeray faction of Shiv Sena challenged Koshyari’s decision in the Supreme Court, alleging that he acted in a partisan and unconstitutional manner. They also sought a stay on the floor test and a direction to reinstate Thackeray as the chief minister.

The Supreme Court heard the matter on an urgent basis and passed an interim order on July 1, staying the floor test and directing that no further action be taken by Koshyari or Shinde till further orders. The court also issued notices to all parties involved and asked them to file their responses.

The court then constituted a five-judge Constitution bench to hear the matter in detail and decide on various legal issues arising out of the case. The bench comprised Chief Justice DY Chandrachud and Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha.

The main issues before the bench were:

Whether Koshyari acted within his constitutional powers by calling for a floor test within 24 hours without giving any opportunity to Thackeray to prove his majority?

Whether Thackeray’s resignation was valid and voluntary or coerced by Koshyari’s action?

Whether Shinde’s appointment as chief minister was valid and constitutional or based on defection and horse-trading?

Whether Shinde had a valid claim to form The Government In The State Of Maharashtra

The Supreme Court’s Verdict

The Supreme Court delivered its verdict on May 11, 2023, after hearing the arguments of all parties and examining the relevant documents and precedents. The court made the following observations and conclusions:

Koshyari acted wrongly by calling for a floor test within 24 hours without giving any opportunity to Thackeray to prove his majority. He also acted on the basis of a letter written by Shinde and 39 other legislators, which did not indicate that Thackeray had lost their support. He should have verified their signatures and sought their individual opinions before taking any decision. He also should have considered the possibility of a composite floor test to ascertain the will of the house.

Thackeray’s resignation was valid and voluntary. He did not face the floor test and chose to resign instead. He did not challenge his resignation in the court or seek its withdrawal. He also did not claim that he had the support of the majority of the legislators. Therefore, he cannot seek relief from the court to reinstate him as the chief minister.

Shinde’s appointment as chief minister was valid and constitutional. He had the support of more than half of the members of the house, as per the letter submitted by him and 39 other legislators. He also had the support of the BJP, which was the single largest party in the assembly. He was duly sworn in by Koshyari as per the constitutional procedure. Therefore, he cannot be disqualified or removed by the court.

Shinde had a valid claim to form the government as he was a member of the Shiv Sena, which was a pre-poll alliance partner of the BJP. He did not defect from his party or violate its whip. He only expressed his dissent against Thackeray’s leadership and his alliance with the NCP and the Congress. He also did not indulge in any horse-trading or inducement of other legislators to join his faction.

The Speaker’s decision to appoint Bharatshet Gogawale as the Whip of the Shiv Sena party was illegal and arbitrary. He did not consult or inform Thackeray or Shinde before taking this decision. He also did not follow any procedure or criteria to determine who was the leader of the Shiv Sena party in the assembly. He acted in a biased manner to favour Thackeray’s faction and to disqualify Shinde’s faction.

The Speaker must decide on the disqualification petitions of 16 MLAs within a reasonable time. These MLAs belong to Thackeray’s faction and they voted against some bills in the assembly in violation of Shinde’s whip. The Speaker cannot delay or defer his decision on these petitions as it would affect the composition and functioning of the assembly.

The Supreme Court, therefore, upheld the constitutionality of the Eknath Shinde government and dismissed the petitions filed by Thackeray’s faction. The court also referred the Nebam Rabia judgment, which puts restriction on Speaker’s power to decide disqualification if disqualification is pending, to a seven-judge bench for reconsideration.

The Implications of the Verdict

The verdict has put an end to the legal uncertainty and political instability in Maharashtra. It has also affirmed the supremacy of the Constitution and the rule of law in resolving such disputes. It has also set a precedent for future cases involving similar issues of floor test, resignation, defection, whip and disqualification.

The verdict has also strengthened the position of Shinde as the chief minister and given him a chance to prove his governance and leadership skills. It has also given a boost to the BJP, which has been supporting him and his government. It has also exposed the rift and weakness within the Shiv Sena, which was once a formidable force in Maharashtra politics.

The verdict has also dealt a blow to Thackeray and his faction, who have lost their claim to power and legitimacy. It has also diminished their prospects of forming an alternative government or alliance in the state. It has also raised questions about their political future and relevance in Maharashtra politics.

The verdict has also implications for the NCP and the Congress, who were part of the MVA government under Thackeray. They have lost their influence and leverage in the state politics and have to rethink their strategy and alliance for the next elections. They have also to face the challenge of reviving their party base and organization in Maharashtra.

The verdict has also implications for the people of Maharashtra, who have witnessed a series of political dramas and upheavals in the last few years. They have to hope that the Shinde government will focus on development and welfare issues and deliver good governance and administration in the state. They have also to exercise their democratic rights and responsibilities in choosing their representatives and holding them accountable in the next elections.