Article 1: Defection as merger
Why in news: Six Shiv Sena (UBT) MPs are seeking to join the Eknath Shinde faction under the merger provision of the Tenth Schedule, reviving concerns about the effectiveness of India's anti-defection law.
Key Details
- Six Shiv Sena (UBT) MPs constitute two-thirds of the party's Lok Sabha strength and seek protection under the merger exception.
- The Tenth Schedule disqualifies legislators for defection, except in cases of a valid merger supported by two-thirds members.
- The 91st Constitutional Amendment Act, 2003 removed the split provision and retained only the merger exception.
- The Supreme Court has held that a merger must involve the parent political party, not merely the legislature party.
- Similar defections involving TMC and AAP members have reignited concerns over the law’s effectiveness.
Growing Trend of Political Defections
- A large number of elected representatives are engaging in party defections.
- Recently, six MPs of Shiv Sena (UBT) sought to join the Eknath Shinde-led Shiv Sena faction.
- Since these MPs constitute two-thirds of the party’s Lok Sabha strength, they are claiming protection under the "merger" provision of the anti-defection law.
Anti-Defection Law and the Merger Loophole
- The Tenth Schedule (Anti-Defection Law) disqualifies members who:
- Voluntarily leave their political party.
- Defy the party whip during voting in the House.
- The 2003 Constitutional Amendment removed the earlier "split" exception (one-third members).
- Only the "merger" exception remains, allowing defections if two-thirds of legislators agree to merge with another party.
- Consequently, many engineered defections are now presented as mergers to escape disqualification.
Legal and Constitutional Concerns
- The Supreme Court has clarified that a valid merger must involve the parent political party, not merely its legislature party.
- Several important constitutional questions related to defections remain pending before the Court.
- Presiding officers continue accepting disputed merger claims, thereby encouraging further defections.
Recent Examples of Crossovers
- A rebel faction within TMC, claiming support of 20 out of 28 Lok Sabha MPs, aligned with the BJP-led NDAand sought a merger.
- In April, several AAP Rajya Sabha MPs joined the BJP, significantly reducing AAP’s presence in the Upper House.
- Three TMC Rajya Sabha members also resigned recently.
- These developments suggest that the anti-defection law is becoming increasingly ineffective and redundant.
Impact on Democracy and Constitutional Spirit
- Repeated crossovers and defections are strengthening the NDA’s parliamentary strength in both Houses.
- Constitutional amendments require a two-thirds majority to ensure broad political consensus.
- Gaining such numbers through defections undermines the intent of constitutional safeguards.
- This trend weakens representative democracy and violates the spirit of the Constitution.
Conclusion
The growing trend of defections through the merger route highlights significant weaknesses in the anti-defection framework. Delays in judicial decisions and liberal interpretations of merger provisions have diluted constitutional safeguards. Strengthening institutional accountability, ensuring timely adjudication, and preserving the original objective of political stability and representative democracy are essential to uphold the spirit of the Constitution.
Descriptive question:
Q. “The anti-defection law has increasingly failed to curb political defections due to the misuse of the merger provision.” Critically examine. (10 marks, 150 words)