What happened

The Supreme Court clarified that groups of MLAs or MPs cannot override directives of the parent political party merely because they hold a majority among elected members. The Supreme Court Bench was headed by Chief Justice of India Surya Kant and included Justice Joymalya Bagchi.

The reported clarification was connected to the Maharashtra Shiv Sena dispute between Uddhav Thackeray’s faction and Eknath Shinde’s faction. The dispute also involved control of the Shiv Sena party symbol and the question of which faction is the real political party.

Senior advocate Kapil Sibal, appearing for Uddhav Thackeray’s side, argued that legislative-faction mergers are not driven by democratic or ideological commitment. Sibal’s reported position was that such mergers are aimed at acquiring power and can distort the electoral verdict through manipulation and defection.

The Supreme Court also indicated a need for balance between the electorate’s decision to vote a party into power and an individual legislator’s liberty to express genuine disagreement with party decisions.

Background and earlier position

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