Supreme Court of India · 2019-11-26
SHIV SENA vs UNION OF INDIA
- Citation / case number
- SC 2019/42104
- Court
- Supreme Court of India
- Petitioner
- SHIV SENA
- Respondent
- UNION OF INDIA
- Author
- HON'BLE THE CHIEF JUSTICE
Judgment text excerpt
The Supreme Court addressed the delicate balance between judicial intervention and parliamentary independence in the context of the Maharashtra Legislative Assembly elections. The court emphasized the need for institutional comity and separation of powers, stating that judicial interference should only occur as a last resort to uphold democratic values and good governance. The case arose from the political dynamics following the elections, where the Shiv Sena sought to form the government after the BJP declined to do so, leading to questions about the Governor's role in inviting parties to form the government.