Lok Sabha Speaker's Approval of Shiv Sena MPs Merger Sparks Anti-Defection Law Debate

Hindustan Times - India · 20 Jul 2026 · 2 min read
Prelims · Polity Mains · GS2 Polity and constitution High relevance

Lok Sabha Speaker Om Birla approved the merger of six Shiv Sena (UBT) MPs with the Eknath Shinde-led faction, triggering a legal challenge from Uddhav Thackeray's camp over alleged violation of the Tenth Schedule's anti-defection provisions.

Key points

Tenth Schedule of the Constitution is at the center of this dispute, with Shiv Sena (UBT) claiming the Speaker's approval violates its anti-defection provisions by allowing individual MPs to merge rather than the entire party.

Shiv Sena (UBT) leader Ambadas Danve argued that only a political party can merge with another under the Tenth Schedule, not a group of legislators, and plans to challenge the decision in court.

Eknath Shinde faction maintains the merger was constitutional, with former MP Sanjay Nirupam stating it followed the anti-defection law framework, altering party strengths in the Lok Sabha.

This connects to GS2-Polity as it tests the interpretation of the Tenth Schedule, following the 2022 Shiv Sena split case where the Supreme Court ruled on disqualification powers of Speakers.

[GS3-Governance] The recurring factional disputes highlight institutional challenges in maintaining party discipline, with the anti-defection law's effectiveness being questioned in preventing political defections.

The decision intensifies the ongoing Shiv Sena factional battle over party name, symbol, and legislative strength since the 2022 split, with both sides using legal and parliamentary mechanisms.

This case may set a precedent for handling similar disputes under the anti-defection law, particularly regarding mergers of legislative groups versus entire parties.

The Speaker's role as quasi-judicial authority under the Tenth Schedule faces scrutiny, recalling past criticisms about partisan decisions in disqualification cases.

Way Forward: Parliament should amend the Tenth Schedule to clarify merger provisions, establish time-bound judicial review of Speaker's decisions, and consider an independent tribunal for anti-defection cases to reduce political bias.

Key terms

Tenth Schedule

The Tenth Schedule of the Indian Constitution, added by the 52nd Amendment in 1985, contains anti-defection provisions to prevent political defections. It mandates disqualification of legislators who voluntarily give up party membership or vote against party whip, with exceptions for mergers approved by 2/3 of the parliamentary party. Its UPSC relevance lies in testing understanding of constitutional mechanisms to ensure stable governments and party discipline.

Anti-Defection Law

The anti-defection law under the Tenth Schedule aims to prevent political corruption through party-switching. It empowers Speakers to disqualify defecting legislators, though exceptions exist for splits (now removed) and mergers. For UPSC, its evolution (91st Amendment), judicial interpretations (Kihoto Hollohan case), and operational challenges (Speaker's partisan role) are crucial for GS2 Polity questions on parliamentary reforms.

Speaker's Discretionary Powers

The Lok Sabha Speaker exercises quasi-judicial powers under the Tenth Schedule to decide disqualification petitions. This constitutional role has been controversial due to perceived partisan decisions, as seen in recent state assembly cases. For UPSC, this connects to debates about institutional neutrality and reforms like independent tribunals for anti-defection cases.

Shiv Sena Factional Dispute

The ongoing Shiv Sena split between Uddhav Thackeray (UBT) and Eknath Shinde factions originated in 2022 over alliance differences. It involves legal battles over party symbol (EC's 'test of majority' principle), legislative strength, and now Tenth Schedule interpretation. For UPSC, this exemplifies real-world challenges in political party regulation and constitutional governance.