Shiv Sena symbol row: Safeguarding democracy is collective duty, says SC

Hearing the Shiv Sena symbol dispute, the Supreme Court observed that safeguarding constitutional democracy is a 'collective responsibility'. The court is hearing the Uddhav Thackeray faction's challenge to the ECI's decision on the party symbol.

The Supreme Court on Thursday observed that safeguarding constitutional democracy is a "collective responsibility", as it heard the Uddhav Thackeray faction's challenge to the Election Commission's decision recognising the Eknath Shinde-led faction as the "real Shiv Sena" and allotting it the party name and "bow-and-arrow" symbol.

A 'Collective Responsibility' to Safeguard Democracy

A bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana made the observation during arguments by senior advocate Kapil Sibal, who urged the Court to reconsider the existing constitutional framework governing disqualification of legislators and the ECI's role in deciding party-symbol disputes. "The Constitution is lived by the people," Justice Bagchi said, emphasising that preserving constitutional democracy cannot be the responsibility of the judiciary alone.

The observation came after the Chief Justice said the question of who should decide disqualification of legislators "needs a relook" and suggested that the task could instead be entrusted to an independent tribunal. Sibal, appearing for the Uddhav Thackeray faction, responded that Parliament was unlikely to alter the mechanism as ruling parties could benefit from the existing arrangement. "So only Your Lordships can correct it. Ultimately, the burden of keeping our democracy alive is with you, not with us," he said.

Justice Bagchi, however, stressed that safeguarding constitutional democracy was a "collective responsibility", observing that "The Constitution is lived by the people." The CJI also cautioned against underestimating other constitutional institutions, telling Sibal, "Let us not underestimate our other institutions. They are also quite committed."

Sibal Challenges ECI's Reliance on Subsequent Events

Sibal maintained that the judiciary had an important role in safeguarding constitutional values and said the present case provided an opportunity to protect the democratic principles embodied in the Constitution. Sibal also challenged the ECI's reliance on subsequent developments to determine entitlement to a party symbol under Paragraph 15 of the Election Symbols (Reservation and Allotment) Order.

He warned that allowing subsequent political developments to influence the determination could enable those who acquire political power to consolidate support and thereby encourage defections. "The proposition that subsequent events can establish a faction's entitlement to the symbol is a very dangerous proposition of law," Sibal submitted. The hearing will resume on August 18.

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