Can party symbol be given to those accused of committing 'constitutional sin' of defection: Supreme Court
The Supreme Court of India is debating whether political factions accused of defection should retain access to party symbols. The court is examining the Election Commission's reliance on legislative majority versus grassroots support in the ongoing Shiv Sena leadership dispute.
Why it matters
This case has profound implications for Indian electoral law and the definition of party legitimacy in the face of internal splits.
The Supreme Court on Tuesday (October 6, 2026) orally asked whether the "sentiment of the symbol" operates for persons who have committed the "constitutional sin" of defection, as it heard arguments on whether the Election Commission of India was right to rely primarily on legislative strength to allot the symbol to the Shinde faction .
The observation was made by a Bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana during the hearing on a batch of pleas arising from the split in Shiv Sena, including challenges to the Election Commission of India’s decision recognising the Eknath Shinde-led faction as the real party and allotting it the bow-and-arrow election symbol.
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