What is anti-defection law? Discussions arise following merger of 20 TMC MPs with 'unknown' party

New Delhi: Twenty rebel MPs from the Trinamool Congress (TMC) have merged into a political party that holds not a single seat in either the Lok Sabha or any Legislative Assembly. This move is being viewed as a strategic step to circumvent the anti-defection law. This issue has surfaced for the second time recently, as seven MPs from the Aam Aadmi Party (AAP) had previously taken a similar step.

The question now arises: can a group of legislators unilaterally announce a merger, or is the consent of the political party they represent mandatory? The Supreme Court has yet to deliver a verdict on this matter. In the meantime, let us explain what the anti-defection law actually entails.

What is the anti-defection law?

India's anti-defection law was introduced through the Tenth Schedule of the Constitution. It came into effect in 1985 via the 52nd Constitutional Amendment. It was a response to the "Aaya Ram, Gaya Ram" phenomenon in politics, where legislators or MPs would switch parties mid-term to topple governments or advance their own interests. Under the Tenth Schedule, any legislator who voluntarily gives up party membership or votes against their party's directive in the House faces disqualification.

Previously, under the law's "split" provision, if one-third of a legislative party broke away, the rebels were exempted from disqualification. However, this provision was removed by the 91st Constitutional Amendment in 2003.

Will disqualification apply?

Paragraph 4 of the Tenth Schedule outlines specific conditions. Disqualification does not apply if the original political party merges with another party and at least two-thirds of the members of the legislative group agree to such a merger. The language of the law suggests two possible scenarios. Twenty MPs, an Obscure Party
The Trinamool Congress (TMC) crisis follows the party's defeat in the West Bengal Assembly elections, which paved the way for the BJP's first government in the state. A rebellion quickly emerged within the parliamentary group.

Kakoli Ghosh Dastidar emerged as a key face of the rebellion within the party. She had been removed from the post of Chief Whip. She was joined by former floor leader Sudip Bandyopadhyay, deputy leader Satabdi Roy, and a large group of the party's Lok Sabha members. This group included figures such as actors Deepak Adhikari, Saayoni Ghosh, and June Malia; former cricketer Yusuf Pathan; and former Indian football team captain Prasun Banerjee.

When Did NCPI Contest Its First Election?

The rebel MPs have merged with the 'Nationalist Citizen Party of India' (NCPI). Registered in 2022, this party last contested elections in 2023 and currently holds no elected seats at any level. This merger will have significant repercussions. The TMC's strength in the Lok Sabha will drop from approximately 28 to 8. In the Rajya Sabha, the party's seat count has already fallen from 13 to 10. The NDA's Lok Sabha tally will rise from 294 to 314—still 46 seats short of the two-thirds majority mark—though in the Upper House, the alliance will be just 8 seats shy of that figure.