CUET PG Political Science Previous Paper (2023 Shift-1)

Comprehension

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Shinde survives.But SC makes clear party has primacy over legislative wing- big implications.

A constitutional bench of the supreme court yesterday ruled on the legal complication stemming from the fall of Maharashtra's MVA government in June 2022. The current government comprising BJP and the Eknath Shinde faction of Shiv Sena is safe. Yet, the role of then governor BS Koshyari in the formation of the government by calling for a no confidence motion against the government erstwhile Udhhav Thackeray-led MVA has been severely criticized by SC and declared incorrect. However, as Thackeray resigned before the floor test there is no legal remedy available now the bench said. But it's still a consequential judgment that will henceforth be used to judge the legality of defection-led changes in government. SC has used the constitution's tenth schedule -meant to prevent opportunistic defection - as the reference point to reach its conclusions. The most important one i that a political party is superior to its legislative wing. The whip on voting represents the will of party, and not its legislators. It's the party that appoints its whip and the house leader. It means political parties how have a greater degree of protection against defection by legislators.This may mean that the current Maharashtra assembly speaker, BJP's Rahul Narwekar, connot rely on just numbers but has to use Shiv Sena's constitution to identify the party's whip and leader to decide on pending disqualification proceedings. The speaker is the key player in the tenth schedule. Here the SC judgment is not conclusive. It referred one of its relevant earlier judgement (Nabam Rebia case) to a large bench because of contradictory reasoning". In the interim, it's given the speaker power to helm proceedings on defection, subject to jusdical review. The other critical actor in defection is the state's governor. Here, SC has once again emphasized that they have limited discretionary power and cannot enter the political arena. A floor test is not the platform to resolve intraparty disputes, which i where Koshyari's role has been crticised. The underlying principles on limited discretion also apply to governors elsewhere. This judgment should be read by all governors who see their role as meddlers in executive affairs SC's stance is very clear. The rajyapals should take note.

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