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november 2019

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.

SHIV SENA vs UNION OF INDIA · Niyam