The Supreme Court Constitution Bench has reserved the judgment on the matter whether the decision by 5-judge bench in the case Nabam Rebia vs Deputy Speaker (2016) should be reconsidered by a larger bench.
A 5-judge bench headed by Chief Justice of India DY Chandrachud heard a few petitions related to the political crisis in Maharashtra, that changed the State Government in July 2022.
The change of Government had led to a rift within the Shiv Sena party which got divided into two factions namely Uddhav Thackeray and Eknath Shinde groups.
The bench, which also comprised Justice MR Shah, Justice Krishna Murari, Justice Hima Kohli and Justice PS Narasimha, heard arguments on the need for reference for three days.
Earlier on Wednesday, the Bench of Chief Justice of India (CJI) D.Y. Chandrachud, Justice M.R. Shah, Justice Krishna Murari, Justice Hima Kohli and Justice P.S. Narasimha had observed that the Governor of a State should not have a say in the formation of the government. It said when a government was formed, the Governor was asked to give a trust vote, but he should not enter the political arena.
The Apex Court was hearing arguments on whether the judgement in Nabam Rebia vs Deputy Speaker (2016) should be referred to a seven-judge bench of the Supreme Court.
In the Nabam Rebia case it was held that a Speaker will be disabled from deciding disqualification petitions under the anti-defection law (10th schedule of the Constitution) if a notice under Article 179(c) of the Constitution for removal is pending.
The view on the same was questioned in the present matter by the lawyers representing Uddhav group. The stand of the Shinde side is that no reference is required.
The Nabam Rebia principle was invoked in this case by the Shinde group to argue that the Deputy Speaker cannot proceed under tenth schedule against the dissident MLAs as a notice seeking his removal is pending.
The petition at present concerned with the situation which unfolded in Maharashtra, when Eknath Shinde’s rebellion against the Maha Vikas Aghadi (MVA) government, then led by Chief Minister Uddhav Thackeray, raised important constitutional questions relating to interpretation of Schedule X of the Constitution pertaining to disqualification, as well as the powers of the Speaker and the Governor and the power of judicial review thereof.
A Bench of then Chief Justice N.V. Ramana, Justice Krishna Murari and Justice Hima Kohli had formulated 11 questions for consideration of a Constitution Bench.
Last year in November, the Constitution bench gave four weeks to the two factions of Shiv Sena to file their compilations of arguments, index and case law references.
Later when the matter was heard in December, the Supreme Court had listed the matter for February, with due instructions to Sibal for submitting a note regarding referring the case to a seven-judge bench.