The case of Subhash Desai v. Principal Secretary, Governor of Maharashtra & Ors. is a landmark judgment delivered by a five-judge bench of the Supreme Court of India in May 2023 (AIR 2023 SC 2406) that arose from the 2022 Maharashtra political crisis. The judgment primarily concerns the constitutional powers of the Governor, the Speaker, and the application of the Tenth Schedule (Anti-Defection Law) of the Constitution.
The case originated from the split in the Shiv Sena party between the Uddhav Thackeray and Eknath Shinde factions following the 2019 Maharashtra Assembly elections. The core problem addressed was the constitutional validity of the Governor's action in calling for a floor test and the Speaker's authority to decide on the disqualification of rebel Members of the Legislative Assembly (MLAs).
The key ratio of the judgment is that the Governor’s decision to call for a floor test, which led to the resignation of then-Chief Minister Uddhav Thackeray, was unlawful as he lacked objective material to conclude that the Chief Minister had lost the confidence of the House. However, the Court held that it could not restore the status quo ante because Thackeray had resigned voluntarily without facing the floor test. The judgment also clarified that the Speaker must decide disqualification petitions under the Tenth Schedule within a reasonable period.
The judgment connects directly to the Tenth Schedule and the earlier precedent of Nabam Rebia & Bamang Felix v. Deputy Speaker (2016). A significant aspect of the judgment is the referral of the Nabam Rebia question—whether a Speaker facing a removal notice under Article 179(c) can continue with disqualification proceedings—to a seven-judge Constitution Bench for reconsideration. Furthermore, the Court affirmed that the deletion of Paragraph 3 of the Tenth Schedule means the defense of a 'split' in a legislative party is no longer available to members facing disqualification. The case also touched upon the role of the Election Commission of India (ECI) under Paragraph 15 of the Election Symbols (Reservation and Allotment) Order, 1968, in determining which faction constitutes the original political party.