TMC merger stuck, Shiv Sena approved… Can MPs vote apart from party lines?

Just before the monsoon session of the Lok Sabha, such a political incident took place in the Parliament, which has sparked a new debate regarding the Anti-Defection Law and parliamentary rules. Lok Sabha Speaker Om Birla approved the merger of six MPs from the Uddhav Thackeray faction (Shiv Sena-UBT) with Eknath Shinde’s Shiv Sena. On the other hand, 20 rebel MPs of Trinamool Congress (TMC) got permission to sit separately in the House, but their proposed merger has not been approved yet.

The question is, why did the Speaker take an immediate decision in one case and why wait in the other? Is the law different or are the circumstances different in both the cases? This is the reason why this matter is not limited to just two parties, but discussion has also started on the interpretation of anti-defection law and the role of the speaker. This entire controversy may also affect the voting taking place inside the Parliament.

Why are the results different?

In the case of six Shiv Sena MPs, their parliamentary identity has changed after getting the Speaker’s approval. In such a situation, it becomes necessary to understand the legal difference between the two cases. The Tenth Schedule of the Constitution i.e. the Anti-Defection Law has separate provisions for such matters and the final decision comes under the jurisdiction of the Speaker. This is the reason why the results of both the cases appear to be different.

• The Speaker approved the merger of 6 MPs of Shiv Sena (UBT).
• 20 rebel TMC MPs got permission to sit separately, but the decision on merger is pending.
• Until the merger is approved, the whip is likely to remain in force on the rebel TMC MPs.

Why did the speaker approve Shinde faction?

The Lok Sabha Speaker accepted the joining of six Shiv Sena (UBT) MPs into the Eknath Shinde faction. After this, the number of Shinde faction in the Lok Sabha increased to 13, while the Uddhav Thackeray faction was reduced to three MPs. After the Speaker’s order, the Lok Sabha Secretariat also released the party’s new position in the House.

These MPs claimed that they fulfilled the provision of two-thirds members given in the Tenth Schedule of the Constitution. On this basis, he declared his merger valid and sought recognition from the Speaker. The Speaker accepted their arguments and made changes in the parliamentary record.

Shiv Sena (UBT) says that merger cannot be considered just because MPs go to another party. According to the party, under the Tenth Schedule of the Constitution, it is necessary to first merge the original political party. Therefore, UBT has termed the merger of six MPs as illegal.

Why has TMC not merged yet?

20 rebel TMC MPs have claimed to merge with Nationalist Citizens Party of India (NCPI). The Speaker of the Lok Sabha has allowed them to sit separately in the House, thereby accepting their separate identity. But, their merger has not been officially approved yet. This means that the legal investigation and process has not been completed yet. That is, at present the parliamentary position of the rebel TMC MPs is not completely clear. Unless the Speaker gives final orders, his case will be considered incomplete.

Will we be able to vote beyond the party line?

This is the biggest question. If an MP’s merger is officially recognized, he acts as a member of the new party and obeys the whip of the same party. But the situation is different for those MPs whose merger has not been approved yet. If such MPs vote against the whip of their parent party or remain absent from voting, then action can be demanded against them under the Anti-Defection Act. Still, the final decision has to be taken by the speaker. Therefore, the most important thing for the rebel TMC MPs will be the final order of the Speaker. Until he comes, they will remain at political and legal risk.

What does the anti-defection law say?

Under the Tenth Schedule of the Constitution, if an MP violates his party’s whip or leaves the party on his own, his membership can be lost. However, there is also a provision in the law that if at least two-thirds of the members of a legislature party decide to merge with another party and it is legally accepted, then such MPs are not disqualified on the basis of defection. There is a dispute in both the cases regarding the different interpretation of this provision.