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3 September 2026

Supreme Court hearing on Maharashtra political factionalism

The topic involves the interpretation of the Election Commission's powers and the legal mechanisms for party splits, which are core constitutional and statutory issues relevant to the functioning of democratic institutions.

1 min read 2 questions 1 prelims

Notes

  • The Supreme Court is hearing petitions challenging the Election Commission's (EC) decision to grant a political party's name and symbol to a specific faction.
  • The Shinde faction argues that the 'legislative majority test' remains a valid factor for determining the leadership of a political party.
  • The Shinde faction contends that the 2023 Constitution Bench judgment in the Subhash Desai case did not rule out the veracity of the legislative majority test.
  • The opposing faction argues that a split within a legislature party does not automatically constitute a split in the broader political party.
  • The dispute involves 40 out of 55 MLAs supporting the faction that currently holds the party symbol.
  • The legal proceedings focus on the interpretation of party split mechanisms and the authority of the Election Commission in symbol allocation.

Questions

  1. Discuss the role of the Election Commission of India in resolving internal party disputes and the allocation of election symbols. How does the 'legislative majority test' interact with the internal organizational structure of political parties under the existing legal framework? 150 words
    Attempt this — 150 words in 8 min
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  2. The stability of the parliamentary system in India relies on the clear demarcation of powers between constitutional bodies. Examine the legal challenges associated with determining the 'real' political party in the event of a legislative split. To what extent should the judiciary balance legislative strength against the organizational constitution of a party when interpreting the Tenth Schedule? 250 words
    Attempt this — 250 words in 11 min
    0 / 250 words 11:00

Prelims

  1. Which constitutional body is primarily responsible for the recognition of political parties and the allotment of election symbols in India?