SC Emphasizes Democratic Integrity in Shiv Sena Symbol Dispute Hearing

The Supreme Court of India observed that maintaining collective responsibility and democratic norms is vital for preserving constitutional governance during hearings on political party splits. A bench led by the Chief Justice of India was hearing petitions challenging the Election Commission of India’s (ECI) decision recognizing the Eknath Shinde faction as the official Shiv Sena and granting it the 'Bow and Arrow' symbol.

The dispute centers around the application of the Tenth Schedule (Anti-Defection Law) added by the 52nd Constitutional Amendment Act, 1985. The Uddhav Thackeray faction argued that the ECI could not decide on party ownership under the Election Symbols (Reservation and Allotment) Order, 1968, while disqualification proceedings against lawmakers remained pending before the Speaker.

Under Paragraph 4 of the Tenth Schedule, protection against disqualification on grounds of merger requires at least two-thirds of the members of the legislature party to agree. However, the ECI relies on the 'Test of Majority' in both the organizational wing and the legislative wing under Paragraph 15 of the 1968 Symbols Order to resolve disputes between rival groups.

This case establishes crucial legal jurisprudence regarding the jurisdictional boundaries between the Legislative Speaker and the Election Commission. Candidates should master the Tenth Schedule provisions, Nabam Rebia judgment precedent, and ECI powers under the Symbols Order 1968 for constitutional law topics in Prelims and Mains.