When the Speaker becomes the judge

In state legislatures or parliaments, it is common for parties with representation to have disputes over the ownership of flags, symbols, and headquarters, leading to legal battles and intervention by the Election Commission. However, in contrast to the norm, the one settling the dispute in the split in the Shiv Sena in Maharashtra is the representative of one of the parties that raised the dispute. When Speaker Rahul Narwekar pronounced the verdict on who the real Shiv Sena is yesterday, it was a bizarre act in the history of democracy. The issue sparking a major legal battle was whether the Uddhav Thackeray-led faction or the group of Chief Minister Eknath Shinde represented the real party. Narwekar, appointed Speaker after the split, naturally gave a verdict in favour of his political master. As pointed out by many political observers and legal experts, this cannot be seen as a judicial verdict; it can only be perceived as the political deccree of one subservient to the government.

The political controversy that erupted in the Maha Vikas Aghadi alliance after the defeat of the Congress candidate in the Maharashtra Legislative Council elections held on June 20, 2022, culminated in the Speaker's verdict. There were allegations that the defeat of the candidate, who was expected to win based on the party's strength in the Legislative Assembly, was due to a faction of Shiv Sena switching votes. It became evident within the next few hours who had defected. Eknath Shinde, who was rebelling against Chief Minister Uddhav, along with 11 party MLAs, camped in a star hotel in Surat, revealing the orchestrators behind the move. Within two days, the strength of the rebel group increased to 38. Meanwhile, Uddhav, under pressure, attempted to remove the rebels through the 'disqualification' process but failed. He then resigned without waiting for the no-confidence motion. Shinde and his group came to power with the support of the BJP. During this period, both factions prepared for legal battles, seeking members' disqualification and grappling over party ownership. In February 2023, the Election Commission recognized the Shinde faction as the legitimate Shiv Sena.

However, the Supreme Court delivered a different verdict in the dramatic events in the Legislative Assembly. The apex court observed that the actions of the Speaker of the Maharashtra Legislative Assembly, who recognized Eknath Shinde as the party leader and approved the appointment of whips, were unconstitutional. In other words, it was through these unconstitutional actions that Shinde defected and subsequently came to power as Chief Minister. But the court ruled that the government could not be restored since Uddhav had resigned before the trust vote. In essence, had Uddhav resigned after facing the no-confidence motion, the court would have needed to review all the actions. It was only after this observation that the Speaker of the Legislative Assembly was ordered to render a verdict on the disqualification of the MLAs. It is also important to note that the Speaker, who had been delaying this action as long as possible, was finally ready to deliver a verdict on the last day following the court's final order.

The day before the verdict, it became evident how things were unfolding when the Speaker held a special meeting with Shinde. The only remaining question was how many members of the Uddhav faction would be disqualified. However, he allowed both factions to continue in the Assembly, citing technical reasons. On the other hand, he chose the old party constitution as a reference to determine the genuine party. This move clearly indicates a precise political strategy. If the Uddhav faction had been disqualified, it would certainly have been a topic of discussion in the upcoming Parliament elections and the Assembly elections scheduled for the end of this year, potentially fueling an anti-Shinde movement. To avoid this, Narvekar used his authority as Speaker to sidestep disqualification and seize control of the party. In reality, the true beneficiary in this game is not Shinde or his supporters; it is the Sangh Parivar itself. Wasn't the Congress-NCP-Shiv Sena alliance formed to keep the BJP out of power? Despite its limitations, the government was progressing without significant issues based on the common minimum program. It was at this point that the Sangh Parivar instigated a rift in the alliance by deploying central investigation agencies. The fact is that Shinde and his group got entangled in this. Even though he assumed the position of Chief Minister and other roles just for the name, it is the saffron brigade that is turning the wheels of power. The verdict by Narvekar which underlines this situation, is defeating not merely Uddhav Thackeray but democracy itself.