Supreme Court Questions Political Parties’ Duty to Follow Democratic Principles

‘Are Political Parties Not Supposed To Follow Democratic Principles Like Other Institutions?’ Supreme Court Asks In Shiv Sena Hearing

The Supreme Court on Thursday questioned the Uddhav Thackeray faction on whether political parties must follow democratic principles like constitutional institutions. The exchange came during hearings on petitions challenging the Maharashtra Speaker’s…

The Story in Brief

The Supreme Court on Thursday questioned the Uddhav Thackeray faction on whether political parties must follow democratic principles like constitutional institutions. The exchange came during hearings on petitions challenging the Maharashtra Speaker’s refusal to disqualify Eknath Shinde faction MLAs and the Election Commission’s recognition of the Shinde faction as the official Shiv Sena.

Supreme Court Questions Political Parties’ Duty to Follow Democratic Principles

Senior Advocate Kapil Sibal argued that the Election Commission had exceeded its authority by rejecting the party’s 2018 constitution for lacking internal democracy. He said defection had become a “badge of honor” and warned against giving the poll panel wider powers. Justice Joymalya Bagchi said the Speaker and Election Commission applied different tests, and that the timing of the alleged actions mattered.

The Indian Opinion

The easy story is that one faction alone damaged democracy, while the other simply defended procedure. The hearing shows a harder dispute over who decides party legitimacy, when disqualification claims take effect, and how much authority the Election Commission has over party constitutions. Courts will need clear rules, not political convenience, on each point. The practical test is whether the final ruling sets a consistent standard for future party splits.


Source: livelaw.in

This story was synthesised by AI from the source linked above.

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