BY- Neharika Krishnan

BACKGROUND ( Maha Vikas Aghadi )

The Supreme Court on Friday dismissed plea filed to declare the formation of Maharashtra Government by Maha Vikas Aghadi Alliance Shiv Sena-Nationalist Congress Party-Congress as ‘unconstitutional’. The Maharashtra election has been the political highlight of the month with conspiracy waiting at every turn. The nature of politics was briefly described in this little Maharashtra scenario wherein standing in an election in alliance with one party turned heads on changing alliance at the time of forming a government. The question of constitutional morality and political morality was raised. The court in its judgment was adamant and blatant that this topic of the dispute is beyond the jurisdiction of the court. Justice N.V Ramana, who led the bench observed “Constitutional morality is different from Political Morality. The court can’t be asked to go where there is no jurisdiction”.

The BJP and Sena, which fought the October 21 assembly polls in the Maha Vikas Aghadi alliance, had secured a comfortable majority by winning 105 and 56 seats, respectively, in the 288-member assembly. The Congress and the NCP, pre-poll allies, won 44 and 54 seats, respectively.
the marathon began when decks were cleared for BJP leader Devendra Fadnavis to again become the Chief Minister of Maharashtra. In a surprise twist, NCP’s Ajit Pawar lent his support to BJP and was also sworn in as the Deputy Chief Minister. The Sena then began talks with the Congress-NCP alliance and consented Shiv Sena President Uddhav Thackeray to become Maharashtra Chief Minister. The alliance of the three parties was expected to stake a claim for government formation on Monday. Where it was assumed that BJP has triumphed, the Maha Vikas Aghadi Alliance of the three parties and winning in claiming a majority, BJP was left haggard and clueless with no sort of defense mechanism in hand. The state was plunged into a political crisis after the Sena broke its three-decade-long ties with the BJP after its partner refused to accede to its demand for sharing the chief minister’s post. All three parties have agreed that Shiv Sena will keep the Chief Minister’s post for a full five-year term and there will be no rotation among the alliance, which was the main reason why Sena broke up with its ally BJP, who had refused to share the chief minister’s post for 2.5 years each.


CURRENT ISSUE ( Maha Vikas Aghadi )

The plea filed by Akhil Bharat Hindu Mahasabha member Pramod Pandit Joshi stated that shiv sena committed a breach of trust by breaking ties with the pre-election alliance with BJP to form a post-election alliance with NCP and Congress, against whom the pre-election alliance had fought elections. The continuous trust issues and uncertainty prevailing in Maharashtra highlighted the rights of parties to form alliances and how that can’t be regulated or scrutinized by the judiciary. On citing some old judgments related to pre-poll alliances, the Court remarked that these issues are amenable to the jurisdiction. It can be clearly interpreted that political alliance has many layers of decisions and conspiracy to it that is not entirely known to everybody in the democracy. Similarly, the prima facie situation of the alliance can’t be used to determine the unconstitutionality of the alliance. The bench also asked why it should enter into pre-poll and post-poll alliance since all these things were for the people to judge. The court also explained it cannot ask the political parties to implement their manifestos on coming to a democracy, it is for the people to decide their representatives and despite arguments by the petitioner that people voted for the BJP-Sena alliance and for the promises mentioned in the manifesto but that wasn’t considered a reasonable or strong enough reason to quash rights of political parties to form alliances. Judicial regulation in the functioning of democracy can be harmful and antithesis to the entire democratic framework.

CONCLUSION ( Maha Vikas Aghadi )

Politicians are realists, unlike brokers and traders who prattle on about the political stability that single-party rule alone, in their opinion, can bring about. BJP, the party in the strongest position nationally, thanks to both to its organizational strength and the popularity of its mascot, Narendra Modi, swallowed its pride along with the abuse hurled in its direction by ally Shiv Sena, to firm up the alliance it needed in Maharashtra, a state of crucial 48 parliamentary seats.


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