SC refuses interim relief to Sena UBT over MPs' merger with Shinde camp
UPSC / SSC current affairs note · Polity
Why in news
The Supreme Court on July 23, 2026, refused interim relief to Shiv Sena (UBT) against Lok Sabha Speaker's decision recognizing the merger of six of its MPs with the Eknath Shinde-led Shiv Sena. The court issued notice on the party's petition challenging the merger, raising significant constitutional issues under the anti-defection law.
Background
The Shiv Sena split in 2022 led to two factions: one led by Eknath Shinde (now in power) and the other by Uddhav Thackeray (UBT). The Speaker recognized the merger of six UBT MPs with the Shinde faction, reducing UBT's strength from nine to three MPs. The UBT faction challenged this in the Supreme Court.
Key facts
Supreme Court bench of Justices PS Narasimha and Alok Aradhe heard the plea.
Court refused interim stay on Speaker's circular reflecting revised party strength in Lok Sabha.
Court issued notice to the Speaker's office and the six MPs who merged.
Sena (UBT) argued the merger was unconstitutional and violated the anti-defection law.
Senior advocate Abhishek Singhvi cited the Subhash Desai judgment to argue no valid merger occurred.
Sena (UBT) contended the Speaker's decision was timed to coincide with the monsoon session.
The Speaker's circular stated 'consequent upon change in party affiliation of six members'.
Sena (UBT) claimed no disqualification proceedings were pending against the six MPs.
The court agreed to examine the legality of the merger but gave no interim relief.
Prelims pointers
- Supreme Court bench: Justices PS Narasimha and Alok Aradhe
- Lok Sabha Speaker: Om Birla
- Anti-defection law: Tenth Schedule of the Constitution
- Subhash Desai case: related to Shiv Sena split and disqualification
- Monsoon session of Parliament: ongoing at the time
Mains angles
- GS2 Polity: Anti-defection law and its interpretation in cases of party splits and mergers.
- GS2 Polity: Role of the Speaker in deciding defection and merger issues.
- GS2 Polity: Judicial review of Speaker's decisions under the Tenth Schedule.
- GS2 Polity: Impact of defection on parliamentary democracy and party discipline.