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Supreme Court of India 2019-11-26

SHIV SENA vs UNION OF INDIA

Bench: 3 — N.V. Ramana, Ashok Bhushan, Sanjiv Khanna

In Brief

The Supreme Court addressed a challenge to the Governor of Maharashtra's decision to revoke President's Rule and invite a Chief Minister to form Government without first conducting a floor test. The petitioner parties (Shiv Sena, NCP, INC) argued the action violated Article 14 and democratic norms. The Court held that while normally judicial interference in democratic processes is a last resort, where urgent questions of constitutional validity and democratic values arise—particularly risk of horse-trading and undemocratic practices—intervention is warranted. The Court directed an immediate floor test within specified procedures to allow the Chief Minister to demonstrate majority support before the Legislature, rather than relying solely on the Governor's subjective satisfaction based on letters of support. The test was to be open ballot, video-recorded, and conducted by a pro tem Speaker."

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Constitutional Law Separation of Powers Democratic Values Government Formation Floor Test Presidential Rule Gubernatorial Discretion

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