The CJI then remarked that the issue concerned the ‘antecedent circumstances’ of alleged defections that had necessitated the floor test.
“The need of floor test arises because a group of legislators may be disqualified for splitting from the legislative party. When the legitimacy of the split is in question, then holding the floor test before deciding the disqualification petitions, would it not lead to putting a premium on the circumstances which led to the alleged defection?“, the Chief Justice of India asked.
He noted that the problem arose as the trust vote was ‘inextricably linked’ to the alleged defections.
The CJI then asked whether the Court can accept the argument that split in party would not be a ground for disqualification.
“If we accept this extreme proposition, radical situations will emerge. 10th schedule is there to prevent Constitutional sin of defection. So that is why disqualification proceedings (are there) but then we also say that till disqualification, let floor test be held. So in a way you are legitimising defection though such an argument! Whether you are Shiv Sena or not will not be decided on the floor of the house.”
Kaul then responded saying that the Election Commission did decide, before adding that there was no split.
“Then you go to party members and say that we are the Shiv Sena. You cannot do that on floor of the house,” Justice Kohli remarked.
Kaul then reiterated that that the matter was one of internal dissent and the Shinde faction was the real Shiv Sena.
Source: Barandbench
