Shivsena Case in Supreme Court: Will SC Decide on Amendment in Schedule 10 and the Future of Anti-Defection Law?
The Shivsena case, which is currently pending before the Supreme Court, has generated a lot of interest and speculation in the political and legal circles. The case concerns the validity of the amendment made to Schedule 10 of the Constitution, which deals with anti-defection laws. In this article, we will explore the implications of the case and the challenges faced by Justice Chandrachud and the constitutional bench. Firstly, it is essential to understand the background of the Shivsena case. The case revolves around the disqualification of Maharashtra MLAs who switched sides from the Shivsena to the BJP before the 2019 assembly elections. The disqualification was challenged before the Bombay High Court, which held that the disqualification was valid under Schedule 10 of the Constitution. However, the MLAs appealed to the Supreme Court, which agreed to hear the case and issued a notice to the Centre seeking its response on the constitutional validity of the Schedule 10 amendment. Th...