Eknath Shinde continues to be Maha CM; ‘moral victory’ for Uddhav as SC slams governor’s ‘illegal trust vote’

News Network
May 11, 2023

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New Delhi, May 11: The Supreme Court, in a unanimous judgment, effectively opened the doors for the disqualification of Maharashtra Chief Minister Eknath Shinde for defection from the Shiv Sena party while holding that the then Governor Bhagat Singh Koshiyari’s call for trust vote, which led to the resignation of the Uddhav Thackeray-led Maha Vikas Aghadi government, was illegal.

A Constitution Bench led by Chief Justice of India DY Chandrachud, however, said it cannot quash the resignation of Thackeray, and thus, would not be able to reinstate him as the Chief Minister of Maharashtra, now.

“Thackeray did not face the floor test. Instead, he had resigned. If Thackeray had refrained from resignation, he could have been reinstated. Since the trust vote was not held due to his resignation, this option does not arise. We cannot quash a resignation,” the court held.

On June 29 last year, Thackeray resigned as the Chief Minister and the Maha Vikas Aghadi (MVA) government fell hours after the apex court refused to stay a floor test called for by Maharashtra Governor Bhagat Singh Koshyari on June 30. Following this, the Governor Koshyari had invited Shinde to form the new government.

The judgment, authored by the Chief Justice Chandrachud, held that the Election Commission of India’s decision to recognise the Shinde faction as the “real” Shiv Sena, giving it the party symbol of ‘bow and arrow’, did not have a “retrospective” effect and amounted to an interference with the party’s 2018 Constitution and results of the intra-party polls, following which Thackeray was made a leader.

The court said Maharashtra Assembly Speaker Rahul Narwekar should not have kept the disqualification petitions against Shinde and other MLAs of his camp pending until the Election Commission gave its decision in its favour. The then Deputy Speaker Narhari Zariwal had issued disqualification notices against 39 MLAs, including Shinde, for defection on June 25, 2022.

The court said Shinde did not have the defence of ‘split’ available to him. A “split” from the original political party without a subsequent merger with another party or formation of a new faction is no longer a defence against charges of defection. The Constitution (Ninety-first Amendment) Act, 2003 had deleted the provision of “split” in Paragraph 3 of the Tenth Schedule. The judgment backs the contention raised by the Thackeray faction that the Shinde camp’s refusal to comply with the party whip amounted to a “split” from the original Shiv Sena party. As a result, they had ceased to be party members and were liable to be disqualified as legislators for defection.

Though the Shinde government would continue for the time being, the Supreme Court judgment would gravely impact the Chief Minister’s sole defence that he had only “split” and not defected from the Shiv Sena party. The Constitution Bench also found the appointment of Bharat Gogawale as the new chief whip of Shiv Sena.

The judgment made scathing remarks against Governor Koshiyari, saying he roamed out of the constitutional bounds of his office into the political arena by calling for a trust vote without any “objective material” to support his “inference” that the MVA government had lost the majority and confidence in the House.

Chief Justice Chandrachud said there was nothing in the communications sent by the rebel Shiv Sena MLAs to him that they were withdrawing support to the Thackeray government. In fact, many of them were Ministers in that regime.

“Floor test cannot be used as a means to settle differences within a political party… The Governor erred in concluding that Thackeray had lost support,” Chief Justice Chandrachud lashed out at the Governor.

The court said if the MLAs were unhappy about the “corruption” in the government, either they or then Opposition leader Devendra Fadnavis could have sought a no-confidence motion in the House, which they had not, instead of writing to the Governor. “There is a marked difference between individuals withdrawing from a government and a party withdrawing from the government,” Chief Justice Chandrachud noted.

The court further referred to a larger Bench of seven judges the question whether a Speaker under a cloud can proceed with hearing and deciding disqualification petitions against MLAs. A Constitution Bench judgment in 2016 in the Nabam Rebia case had held that a Speaker who is himself facing notice of disqualification should stop from hearing petitions under the Tenth Schedule. Shinde had countered Zariwal’s disqualification notice by filing a notice of disqualification against the Deputy Speaker. Thackeray had contended that the 2016 judgment opened a constitutional hiatus by which the Speaker cannot use his powers to disqualify MLAs, thus rendering the Tenth Schedule redundant. 

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News Network
November 26,2024

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Mangaluru: The coastal districts of Dakshina Kannada and Udupi are witnessing a fascinating weather pattern, with chilly early mornings giving way to dry, sweltering afternoons. Over the past two days, dense fog blanketed the rural landscapes, while urban centers like Mangaluru felt the stark contrast of brisk mornings and peak afternoon heat.

The India Meteorological Department (IMD) noted that in rural areas, the morning chill caused temperatures to dip by one to two degrees Celsius below the seasonal norm, intensifying the fog. Monday saw Mangaluru recording a maximum temperature of 33.3°C and a minimum of 22.6°C, reflective of the sharp day-night variation.

While mornings painted a serene picture with mist-covered trees and a cool ambiance, the afternoons proved relentless, with temperatures soaring between 11 am and 3 pm, offering little respite. Currently, there are no signs of rainfall, with forecasts predicting the continuation of this dual weather pattern for the coming days.

Local residents have mixed feelings about this weather trend. Farmers in rural areas appreciate the cool mornings that ease early chores but express concerns over the dry afternoons, which may affect crop irrigation if the dry spell prolongs. In contrast, urban dwellers are enjoying the foggy mornings but brace for the scorching afternoons.

Meteorologists attribute the sudden chill to shifts in atmospheric pressure along the coast, a precursor to possible weather transitions in December. Whether this pattern persists or leads to unexpected changes remains to be seen, but the twin districts are clearly caught in nature's dramatic play of contrasts.

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News Network
November 13,2024

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New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

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News Network
November 15,2024

Udupi: The Tourism Department is planning a major eco-friendly development initiative for Kamini Island, located near the Blue Flag-certified Padubidri End Point beach, aiming to attract more visitors while maintaining environmental sustainability.

Assistant Director Kumar CU emphasized that, given the island’s proximity to the Blue Flag beach, all development efforts will center around eco-friendly practices. “We are looking to enhance the Kamini River and the island’s surroundings by adding a hanging bridge, nature trails, and eco-friendly food courts offering traditional cuisine. Visitors will also be able to reach the island by pedal boats or kayaking,” he said.

The development project is estimated to cost between Rs 3 crore and Rs 4 crore. Meanwhile, the Blue Flag beach, Padubidri, continues to see a steady flow of visitors. Vijay Shetty, manager of the beach, shared that tenders for food courts and water sports have been awarded to private parties. Recently, three new coracles have been introduced, which are proving to be a hit with visitors. Additionally, three more shelters are expected to be ready by November 20.

Shetty mentioned that the beach can now accommodate between 2,500 and 3,000 visitors daily, although footfall remains lower than other district beaches due to user fees and activity restrictions. “Initially, most visitors were from Mangaluru, but now nearly 40% come from other districts, showing a shift in the visitor demographics,” Shetty noted.

To further boost tourism and promote a healthy lifestyle, a Beach Carnival is set to take place on November 23-24, featuring the National Sea Swimming Championship and a sea marathon in collaboration with the Padubidri JCI, which is celebrating its golden jubilee. Cultural events will be held at the main beach, with some sports events taking place at the Blue Flag beach. Emphasis will be placed on making all activities environmentally friendly.

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