Published on: 12 May 2023 at 11:35 IST
The Supreme Court’s decision not only supports the Election Commission’s choice to award the ‘bow and arrow’ symbol to Shiv Sena’s Shinde faction but also reinforces the Commission’s authority to resolve all disputes related to symbols by utilizing a test that is most appropriate for the specific case’s intricacies and details.
This decision likely expands the Election Commission’s power and jurisdiction under the Sadiq Ali ruling of 1972. Additionally, the Supreme Court has stated that the Speaker and the Election Commission can simultaneously adjudicate petitions for disqualification under the 10th Schedule and for party symbol ownership under Paragraph 15 of the Symbols Order.
The Supreme Court believes that the Election Commission cannot be prevented from performing its constitutional responsibilities for an indefinite period, as the time for the Speaker’s decision to become final is uncertain.
The Supreme Court has also declared that the Election Commission has the authority to determine the “best suited” criteria for evaluating symbol rights.