A five-member Constitution bench headed by Chief Justice of India DY Chandrachud on Tuesday commenced hearing on a clutch of petitions related to the division of Maharashtra-based political party Shiv Sena.

Appearing for the Uddhav Thackeray faction of Shiv Sena, senior advocate Kapil Sibal argued that working of the 10th schedule (anti-defection laws) has “unfortunately been used to further political immorality”.

Sibal argued that constitutional authorities (Speaker) cannot be in hiatus at any point of time and cannot pause at any moment of time in the history of democracy. He added that the “consequence is that he (Speaker) does not only function as a Speaker but as a Tribunal and this is a device now to ensure that your disqualification petition is not entertained by the Speaker and then politics takes over…and government is overthrown”. The notice for removal of the Speaker should only be moved when the House is in session, he said.

The bench verbally questioned as to what the consequence will be if the Speaker was not allowed to take action when notice of removal was issued and “what will be the consequence if” the Speaker was allowed to operate even when leave is granted.

The Thackeray faction has sought reference of cases pertaining to Maharashtra political crisis to a seven-judge bench to reconsider a 2016 ruling on the Speaker’s powers to deal with disqualification pleas.

In its 2016 Nabam Rebia judgement, a five-judge Constitution bench of the Supreme Court had ruled that a Speaker cannot initiate disqualification proceedings when a resolution seeking his removal is pending adjudication in the House.