The Speaker’s ruling is on slippery ground when tested against the anti-defection law, which is built around the political party, not the legislative unit. The Maharashtra Speaker concluded that the Shinde faction represents the real Sena by considering the legislative majority — the Shinde faction has 40 MLAs whereas the Thackeray group has 16 members. However, the SC in May said the legislative unit has no existence independent of the political party. This reading, which inverts the hierarchical relationship between a political party and its legislative unit, will be contested. The political import of the ruling is that the Shiv Sena, as we know it, may cease to exist.

Source: Hindustan Times January 12, 2024 02:58 UTC