After losing power in West Bengal, there is a situation of huge rebellion and historic defection within the Trinamool Congress (TMC), due to which there is a strong possibility of repeating the ‘Maharashtra Model’ i.e. ‘split between Shiv Sena and NCP’ in the politics of the state. Recently, after the change of power in the state and formation of BJP government under the leadership of Shubhendu Adhikari, the fear of disintegration has started looming in TMC.
Under the leadership of expelled party leader Ritabrata Banerjee, 59 rebel MLAs of Trinamool Congress (TMC) went to the Assembly Speaker’s chamber on Wednesday. There the rebel group staked claim to form its own new group and be the main opposition party. It is claimed that these rebel MLAs have signed the letter to form a ‘new TMC’ and have also demanded recognition as the main opposition party in the Assembly.
Mathematics of anti-defection law
Under India’s anti-defection law (10th Schedule), a faction breaking away from any party must have the support of at least two-thirds of the MLAs to avoid disqualification. In such a situation, TMC has a total of 80 MLAs in the assembly. In this context, to avoid legal disqualification, a minimum of 54 MLAs are required. But since the rebel group has the support of 59 MLAs, they can avoid being technically disqualified and can also stake their claim on the party’s election symbol.
The role of the speaker becomes important in the case of defection. Under the 10th Schedule of the Constitution (Anti-Defection Law, 1985), the Speaker of the House has the power to disqualify members in cases of defection. In cases of defection, the Speaker has the right to decide on disqualification. Only the Speaker (Chairman in Rajya Sabha/Legislative Council) has the full authority to decide whether a member of the House (MP or MLA) is guilty of defection or not.
If a member of the House or a political party files a complaint of defection against another member, the Speaker hears it. Under paragraph 8 of the 10th Schedule, the Speaker is empowered to make rules and procedures to implement anti-defection provisions. Under this power, ‘Disqualification rules on the basis of defection’ have been made in the Lok Sabha and different assemblies.
Approve or reject the merger
Provision has been made in the 91st Constitutional Amendment (2003) to check the majority in the rebel group. According to this, if at least two-thirds (2/3) of a party joins another party or faction, then it is considered a valid merger. Besides, the Speaker also has the right to decide whether this division or merger fulfills the legal conditions or not.
The Supreme Court had made it clear in the Kihoto Holohan case (1992) that the Speaker acts as a ‘tribunal’ while delivering judgment in a defection case. Therefore, their final decision can be challenged in the High Court or the Supreme Court.
However, it is not stipulated in the original law within how much time the Speaker will have to decide on the defection petition. But the Supreme Court has advised in its guidelines to decide it usually within 3 months. Also, during this process, the Speaker can issue a ‘show cause notice’ to the concerned House to present its side.
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