SC seeks Speaker response on Sena UBT plea against MPs' merger
UPSC / SSC current affairs note · Polity
Why in news
The Supreme Court has agreed to examine the validity of Lok Sabha Speaker Om Birla's decision to recognize the merger of six Shiv Sena (UBT) MPs with the Eknath Shinde-led faction. The plea by Sena UBT alleges that this merger undermines parliamentary democracy and constitutional morality.
Background
The case involves the anti-defection law under the Tenth Schedule of the Constitution. The dispute arises from the split in Shiv Sena, with the Uddhav Thackeray faction challenging the merger of its MPs with the rival faction led by Eknath Shinde.
Key facts
Supreme Court issued notice to Lok Sabha Speaker and six rebel MPs on a plea by Sena UBT MP Arvind Sawant.
The bench of Justices P S Narasimha and Alok Aradhe will consider interim relief after two weeks.
Senior advocate Devadatta Kamat argued the merger was 'orchestrated' for the Parliament session.
Petition contends that legislators cannot decide on a merger with another party; only the original party can.
Sena UBT asserts there is no merger, so the Speaker could not permit the group to merge.
The case raises questions about constitutional morality and propriety.
Prelims pointers
- Tenth Schedule (Anti-Defection Law)
- Lok Sabha Speaker's powers under the Tenth Schedule
- Supreme Court's jurisdiction under Article 32
- Shiv Sena (UBT) vs Eknath Shinde faction
Mains angles
- Discuss the role of the Speaker in adjudicating defection cases under the Tenth Schedule.
- Critically examine the impact of political mergers on parliamentary democracy and anti-defection law.
- Analyze the Supreme Court's intervention in Speaker's decisions regarding defection.