Supreme Court examines if legislative split equals party split in Shiv Sena case

The Supreme Court on Wednesday, August 12, 2026, began examining whether a split within the legislative wing of a political party can be considered a split in the party itself, a central question in the ongoing legal battle over the Shiv Sena's name and symbol. The bench, led by Chief Justice Surya Kant, is hearing petitions from the Uddhav Thackeray faction challenging the Election Commission of India's 2023 decision to recognize the Eknath Shinde-led faction as the official Shiv Sena and allot it the party's "bow and arrow" symbol.

During the hearing, the bench observed that a division may originate in the legislature party and subsequently extend to the party's organization and primary membership. Justice Joymalya Bagchi noted that while a split cannot be restricted solely to the legislature, it could be the "epicentre of a larger split" that percolates into the broader party structure. The judges emphasized that a political party is not composed merely of officebearers and that primary membership is a crucial part of its organizational framework.

Senior advocate Kapil Sibal, representing the Thackeray faction, argued that as a matter of law, a split in a political party can...