Supreme Court says legislators cannot override party directives despite majority support

Justice Joymalya Bagchi, sitting on a three judge Supreme Court bench led by Chief Justice Surya Kant, said on Wednesday that a party's official directives bind its elected legislators even when those legislators hold a majority, The Hindu reported. The remark came during arguments in the long running dispute over which faction, one led by Uddhav Thackeray and the other by Eknath Shinde, is the real Shiv Sena and holds its election symbol. Shinde split from Thackeray with 40 of the party's 55 MLAs, brought down the Thackeray government and formed a new one with the BJP's Devendra Fadnavis, a move the Election Commission later endorsed by recognising his faction as the genuine Shiv Sena. Senior advocate Kapil Sibal, appearing for Thackeray, argued the Tenth Schedule recognises no majority within a legislature party and cited a 2023 Constitution Bench ruling in the Subhash Desai case to say the political party and its legislature wing remain distinct concepts. No written judgment has been delivered.