Supreme Court examines Shiv Sena split and legislative rebellion

The Supreme Court of India is examining whether a split within a political party’s legislative wing can be legally considered a split of the entire political organization and its primary membership.

A bench led by Chief Justice Surya Kant is hearing a challenge by the Uddhav Thackeray faction of the Shiv Sena against the Election Commission of India’s decision. The Election Commission had previously recognized the Eknath Shinde-led faction as the official Shiv Sena and allotted it the ‘bow and arrow’ election symbol.

During arguments, Senior Advocate Kapil Sibal contended that a division in the legislative party should not automatically constitute a split in the political party itself. However, the court noted that while a split might originate in the legislature, the resulting ‘crack’ could percolate into the primary organization and membership. The court is investigating whether the 2022 rebellion by Shiv Sena MLAs can be formally treated as a party split.