Defections Surge in Parliament
India is witnessing a rapid wave of party‑switching by elected representatives. Recently, six Shiv Sena (UBT) MPs have moved to the Eknath Shinde faction. Their numbers meet the two‑thirds threshold that triggers a “merger” under the Tenth Schedule, allowing them to avoid disqualification.
Key Developments
- Six Shiv Sena (UBT) MPs join the Eknath Shinde faction, meeting the two‑thirds merger rule.
- A rebel bloc of 20 TMC Lok Sabha MPs, led by Kakoli Ghosh Dastidar, aligns with the NDA.
- In April, seven AAP Rajya Sabha members switched to the BJP, cutting AAP’s upper‑house strength from 10 to 3.
- Three TMC Rajya Sabha members — Sukhendu Sekhar Ray, Sushmita Dev and Prakash Chik Baraik — have resigned.
Important Facts
The anti‑defection law was tightened in 2003 by removing the “split” provision, which previously allowed one‑third of legislators to defect without penalty. Only the merger exception remains. The Supreme Court has ruled that a merger must involve the parent party, not just its legislative wing, but many cases are still pending. Consequently, the practical effect is that parties can engineer “splits” and label them as “mergers” to bypass disqualification.
These defections have increased the ruling NDA’s numbers in both houses, yet the coalition still lacks the two‑thirds majority required for a constitutional amendment. Using defections to approach that threshold undermines the spirit of the law.
Exam Relevance
Understanding the anti‑defection law is essential for GS‑2 (Polity). Aspirants should note how the Tenth Schedule operates, the significance of the merger exception, and the role of the Supreme Court in interpreting it. The episode also illustrates challenges to representative democracy and the constitutional safeguard of a super‑majority for amendments.
Way Forward
To preserve the anti‑defection law’s intent, the following steps are advisable:
- Fast‑track pending Supreme Court judgments on the definition of “merger”.
- Consider legislative amendment to clarify that only a merger of the entire party, not a faction, can invoke the exception.
- Strengthen the role of the Speaker and Chairman in scrutinising merger claims.
- Promote political ethics through awareness programmes for elected representatives.
These measures would reinforce the constitutional balance between party discipline and individual conscience, a core concern for future civil servants.