Supreme Court of India Questions Shiv Sena Democratic Structure

The Supreme Court of India questioned the democratic nature of the Shiv Sena's amended constitution during a hearing on August 6, 2026. A bench led by Chief Justice Surya Kant observed that the party's framework had evolved from democratic principles into "virtually a one-person structure." The court is reviewing a challenge by the Uddhav Thackeray-led faction against the Election Commission of India's decision to recognize the Eknath Shinde-led faction as the official party.

Senior advocate Kapil Sibal, representing the Thackeray faction, argued that the Election Commission exceeded its legal mandate by invalidating the party's 2018 constitution. Sibal claimed the commission favored legislative strength over organizational support, presenting data to show that the Thackeray faction maintains an overwhelming majority of primary members despite the Shinde faction's legislative majority.

The court is examining whether political parties are expected to function democratically as part of its review of the commission's decision. Hearings on the matter are scheduled to resume on August 11.