The suspense over the Maharashtra political crisis reached its peak point on Thursday as the Supreme Court ruled on the matter. The top court refused to restore the status quo ante on grounds of Uddhav Thackeray quitting before facing the floor test. While Eknath Shinde remains the chief minister of Maharashtra, the Supreme Court has come hard on the functioning of the governor terming his acts as unlawful and in breach of the Constitution.
“(Bhagat Singh) Koshiyari did not have “objective material before him to conclude that the CM Thackeray had lost the confidence of the House”, the court observed. The bench also noted that Devendra Fadnavis and Independent MLAs didn’t move a no-confidence motion, and the Governor’s exercise of discretion was not in accordance with the law. The bench further mentioned that the Constitution nor the law empowers the Governor to enter the political arena and play a role in inter-party or intra-party disputes. The court ruling implies that Koshiyari’s role as a Governor, in this case, has been discriminatory, compromised and unlawful.
It is disgraceful that Shinde called for a press conference after the ruling to proclaim that “it is a triumph of truth”. Leave alone the high moral ground that Shinde was taking after the verdict, the court has clearly identified the entire move of transferring power to Shinde was unlawful in every aspect. So, what kind of victory is Shinde and the team proclaiming? It is the turn of events, including the acts of Koshiyari that led to the end of the Thackeray regime and hence blowing a trumpet over a victory that is achieved through dubious ways is not only disgraceful but also exposes insatiable greed for power.
Interestingly, the court held that relief could have been provided if Thackeray had not resigned and faced the floor test. Obviously, Thackeray reacted to the emotion of not having the numbers and quit to avoid the humiliation on the floor of the House. Technically, the breakaway group would have invited disqualification, but that would mean the ball would be in the Speaker's court.
History shows that speakers drag such petitions to suit political interests. The Supreme Court's directives to the Speaker on deciding on disqualification petition within a "reasonable time" have fallen on deaf ears as Speakers across the nation, including Goa, have failed to speak their minds within any time frame. There are instances where hearings in disqualification petitions have continued till the end of the term of the Legislative Assembly.
The Supreme Court has not reinstated Thackeray, and it has explained why. Moreover, the top court has brought clarity to the anti-defection law which has been often interpreted by political players to suit their interests. The court made a clear demarcation between 'political party' and 'legislature party' for a merger. It held that two-thirds of the members of the legislature party must have agreed to a merger of the original party before such a merger can be deemed to have taken place. Hope Goa politicos are listening.
