The high-profile legal battle surrounding the Shiv Sena name and bow-and-arrow election symbol saw intense arguments in the Supreme Court. Defending the Election Commission's decision, senior advocate N.K. Kaul presented key legal arguments regarding the party's constitution and internal democratic values. The court has adjourned the hearing until 2 PM tomorrow.
Focus on Party Constitution and Internal Democracy
During the proceedings, senior counsel N.K. Kaul cited the 'Arjun Singh' case ruling to emphasize the importance of internal democracy within political parties. He informed the bench that since the 1990s, it has been the established practice and rule of the Election Commission to require all political parties to ensure their constitutions align with democratic values.
Kaul argued that while Shiv Sena amended its constitution in 2011 and later in 2018, as per the Election Commission's records, the party never officially submitted a copy of the 2018 amended constitution to the poll panel.
EC's Impartiality and Court's Observation
Addressing questions raised by the petitioners, the senior lawyer stated that the Election Commission is a completely impartial and valid constitutional authority. Justice J. Bagchi of the bench noted that several older rulings preceded the 10th Schedule (Anti-Defection Law) amendments, while the court examines whether the poll body properly weighed all aspects before arriving at its decision.
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