Shiv Sena Split: Supreme Court Raises Concerns Over ‘One-Man Control’ Structure

The Supreme Court, while continuing the final hearing on petitions filed by the Uddhav Thackeray-led faction challenging the Election Commission's decision recognizing the Eknath Shinde-led faction as the "real Shiv Sena," said that while institutions are expected to protect democratic values, political parties should also be scrutinized to determine whether they function democratically.

The bench said, "Initially, the party's (Shiv Sena) constitution was based on democratic principles. Later, it was amended, and it essentially became a one-man control structure."

Senior advocate Kapil Sibal, representing the Uddhav Thackeray faction, raised serious questions about the entire process and the Election Commission's jurisdiction. Sibal passionately argued that there is a difference between the functions of constitutional institutions and political parties.

He recalled Dr. B.R. Ambedkar's statement that no matter how good a constitution is, if the people who run it are bad, it will prove to be bad.

Sibal expressed concern that if MLAs are considered a party solely on the basis of numerical strength, it will set a dangerous precedent where governments are formed and toppled through manipulation and defections rather than public opinion.

Sibal also clarified through statistics that the Thackeray faction had significant public support and primary membership at the organizational level, but the Election Commission ignored the organization and relied solely on legislative majority.

He stated that the Election Commission has no authority to determine the validity of a party's internal constitution. However, the next hearing in this case will now be held on August 11.