Wave of Defections: Engineered Splits Masquerade as Mergers Under Anti-Defection Law

A concerning trend of elected representatives, particularly Members of Parliament, defecting from their parties is sweeping across India. The latest instances involve Shiv Sena (UBT) MPs and Trinamool Congress (TMC) MPs seeking to align with other factions or parties. These defections are often presented as 'mergers' to circumvent the Tenth Schedule of the Constitution, the anti-defection law. An amendment in 2003 removed the 'split' provision, leaving only the 'merger' exception, which requires two-thirds of a party's legislators to defect. However, legal interpretations are contested, with the Supreme Court suggesting a merger must involve the parent party, not just the legislative group. Presiding officers often approve these 'engineered splits' disguised as mergers, leading to a rise in such practices.

The increasing trend of defections disguised as mergers under the anti-defection law raises serious questions about legislative integrity and the intent behind the constitutional safeguard.