The Supreme Court on Thursday was considering the primary question whether the Constitution Bench decision in Nabam Rebia vs Deputy Speaker requires reconsideration. Appearing for the Uddhav Thackeray camp, Senior Advocate Kapil Sibal urged the bench to not take a narrow view of the matter so that Constitutional provisions are not used as weapons to topple democratically elected governments. Sibal highlighted that the only defence available under the tenth schedule is merger with another party, which has not happened in this case. He also pointed out that the notice against the Speaker was sent pre-empting the disqualification notice as a “mischief” intended to paralyse the whole process. He denied that the issue was “academic” by highlighting that the June 27 order was obtained by the other side by referring to Nabam Rebia judgment. The June 27 order catapulted the events leading to the Government’s fall, the senior lawyer underscored.
Shiv Sena Rift | Sibal Urges Supreme Court To Not Take ‘Narrow View’, Says ‘Democratically Elected Govts Will Be Toppled In Future’
The 5-judge bench led by Chief Justice of India DY Chandrachud was considering the primary question whether the Constitution Bench decision in Nabam Rebia vs Deputy Speaker requires reconsideration. Appearing for the Uddhav Thackeray camp, Senior Advocate Kapil Sibal urged the bench to not take a narrow view of the matter so that Constitutional provisions are not used as weapons to topple democratically elected governments.
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