Defections from TMC and Shiv Sena (UBT) Test Anti-Defection Law and Parliamentary Dynamics

Updated 22 Jun 2026

Contents4

Hindustan Times - India · 22 Jun 2026 · 2 min read
Prelims · Polity Mains · GS2 Polity and constitution High relevance

Recent defections from Trinamool Congress (TMC) and Shiv Sena (UBT) to BJP-led NDA highlight leadership crises in regional parties and potential shifts in parliamentary arithmetic, raising questions about the efficacy of the Tenth Schedule's anti-defection provisions.

Key points

NDA's parliamentary strength could rise from 293 to 319 Lok Sabha seats if 20 TMC and 6 Shiv Sena (UBT) MPs defect, enabling passage of bills requiring two-thirds majority like delimitation.

Tenth Schedule of the Constitution is under scrutiny as defections are framed as mergers, exploiting loopholes in anti-defection law provisions added by the 91st Amendment Act, 2003.

Leadership crisis in regional parties like TMC and Shiv Sena (UBT) is cited as primary reason for defections, with rebels citing disconnect between leadership and cadre.

[GS2-Governance] The defections highlight institutional weaknesses in party structures compared to BJP's internal grievance redressal mechanisms and RSS support system.

Shiv Sena's ideological shift under Uddhav Thackeray towards Congress alliance is cited as reason for rebellion, contrasting with Bal Thackeray's Hindutva-focused leadership.

[GS3-Polity] TMC's electoral defeat in West Bengal (80 seats vs BJP's 207) precipitated the crisis, with rebels blaming Abhishek Banerjee's leadership style and policy failures.

Political futures of defectors are shaped by three factors according to BJP sources: career prospects, leader-cadre relations, and material benefits - revealing systemic issues in Indian politics.

Way Forward: Amend Tenth Schedule to prevent artificial mergers, mandate cooling-off period for defectors before ministerial posts, and establish intra-party democracy mechanisms in all recognized parties.

Key terms

Delimitation Bill
Proposed legislation to redraw parliamentary constituencies based on population, requiring two-thirds majority under Article 82. Politically sensitive as it would increase representation for northern states at expense of southern states that implemented population control. Directly connects to defections as NDA seeks enhanced numbers to pass such bills.
Shiv Sena (UBT)
Uddhav Thackeray faction of Shiv Sena recognized as original party by Election Commission after 2022 split. Represents Marathi nativism and Hindutva ideology. Current rebellion tests party's survival after abandoning BJP alliance, relevant for understanding Maharashtra politics and anti-defection law implementation.
Tenth Schedule
Constitutional provision added by 52nd Amendment Act, 1985 to combat political defections. Allows disqualification of legislators who voluntarily give up party membership or vote against party whip. Modified by 91st Amendment (2003) to remove split exception, retaining merger provision requiring 2/3rd of group to defect. Critical for maintaining party discipline but criticized for loopholes exploited in recent defections.
National Democratic Alliance (NDA)
Centre-right political coalition led by BJP since 1998. Currently holds 293 Lok Sabha seats. Significant for UPSC as it demonstrates coalition politics dynamics, with regional parties like JD(U), TDP, and now potentially rebel factions of TMC/NCPI and Shiv Sena (UBT) supporting BJP's legislative agenda including constitutional amendments.

Practice question

Critically examine the effectiveness of the Tenth Schedule of the Indian Constitution in preventing political defections, in light of recent instances of mass defections from regional parties to the NDA. (250 words, 15 marks)

GS2 15 marks 250 words Mains

Key terms to include: Tenth Schedule 91st Amendment Act Artificial mergers Delimitation Bill Shiv Sena (UBT) Intra-party democracy Speaker's discretion Electoral mandate

Answer framework

Introduction

Briefly introduce the Tenth Schedule (Anti-Defection Law) and its objectives. Mention recent cases of defections from TMC and Shiv Sena (UBT) to NDA as context.

Loopholes in the Tenth Schedule

Exploitation of merger provision (2/3rd of group defecting) to bypass disqualification

Artificial mergers without genuine ideological alignment

Lack of cooling-off period for defectors before ministerial appointments

Impact on Parliamentary Democracy

Undermines electoral mandates and voter trust

Enables majority manipulation for critical bills like delimitation

Weakens opposition voices and checks on executive power

Structural Issues in Party Politics

Leadership crises in regional parties (e.g. TMC, Shiv Sena UBT)

Lack of intra-party democracy and grievance redressal mechanisms

Material incentives overpowering ideological commitments

Judicial and Institutional Responses

Role of Speaker in deciding disqualification cases

Supreme Court's evolving interpretation of defection cases

Election Commission's recognition of party factions

Conclusion

Suggest reforms like amending merger provisions, mandating cooling-off periods, and strengthening intra-party democracy while balancing political stability needs.

Fact check

All facts verified Overall severity: medium

NDA's parliamentary strength could rise from 293 to 319 Lok Sabha seats if 20 TMC and 6 Shiv Sena (UBT) MPs defect, enabling passage of bills requiring two-thirds majority like delimitation.

The source text confirms the NDA has 293 lawmakers and could rise to 319 with 20 TMC and 6 Shiv Sena (UBT) MPs defecting, but it does not explicitly mention the delimitation bill as the reason for needing two-thirds majority. Severity: medium

TMC's electoral defeat in West Bengal (80 seats vs BJP's 207) precipitated the crisis, with rebels blaming Abhishek Banerjee's leadership style and policy failures.

The source text confirms the electoral results (BJP won 207 seats, TMC 80) and mentions rebels blaming Abhishek Banerjee, but it does not explicitly link the electoral defeat directly to the leadership crisis. Severity: low