Shiv Sena's Second Split in Four Years Tests Anti-Defection Law and Party Succession
Contents4
Hindustan Times - India · 27 Jun 2026 · 2 min read
Prelims · Polity Mains · GS2 Polity and constitution High relevance
Shiv Sena (UBT) faces its second major split in four years as six MPs defect to Eknath Shinde's faction, raising questions about political defections, party succession, and the efficacy of the Tenth Schedule.
Key points
Shiv Sena (UBT) MP Sanjay Raut endorsed Aaditya Thackeray as the party's next leader, signaling a generational shift in leadership amid ongoing factionalism.
Six of nine Lok Sabha MPs from Shiv Sena (UBT) defected to Eknath Shinde's faction, reducing Uddhav Thackeray's parliamentary strength and aligning with the BJP-led NDA.
This marks the second split in four years, following Eknath Shinde's 2022 rebellion where 40 of 56 MLAs joined his faction, challenging the Thackeray family's control.
[GS2-Polity] The defections highlight systemic flaws in the Tenth Schedule anti-defection law, which fails to curb mass defections motivated by power and patronage.
Uddhav Thackeray's tour of rebel MPs' constituencies aims to consolidate voter support, emphasizing the party's original Marathi identity and Hindutva ideology.
[GS3-Economy] The BJP-Shiv Sena alliance's victory in the 2026 BMC elections ended the Thackeray family's dominance in Mumbai's civic governance, impacting local fiscal policies.
Historical context: The Sena has faced splits since 1991 (Chhagan Bhujbal) and 2005 (Narayan Rane), but Bal Thackeray's leadership previously maintained cohesion.
The current crisis reflects broader political realignments in Maharashtra, where regional parties face existential threats from national party expansions.
Way Forward: Amend the Tenth Schedule to disqualify defectors from holding public office for five years, mandate by-elections for defecting MPs/MLAs, and strengthen intra-party democracy to prevent leadership crises.
Key terms
- Tenth Schedule
- The Tenth Schedule of the Indian Constitution, added by the 52nd Amendment Act (1985), contains anti-defection laws to prevent elected members from switching parties. It mandates disqualification for voluntarily giving up party membership or voting against party directives, but loopholes allow mass defections if two-thirds of a party's legislators merge with another party.
- Shiv Sena
- A right-wing Marathi regional party founded in 1966 by Bal Thackeray, advocating Hindutva and Marathi interests. It split in 2022 into Shiv Sena (Shinde) and Shiv Sena (UBT) factions after Eknath Shinde's rebellion against Uddhav Thackeray's leadership, with the Election Commission awarding the original party name and symbol to Shinde's faction in 2023.
- Eknath Shinde
- Current Maharashtra Deputy Chief Minister and leader of the Shiv Sena faction recognized by the Election Commission. He led the 2022 rebellion against Uddhav Thackeray, aligning with the BJP and triggering a constitutional crisis over the anti-defection law's merger exception clause.
- Anti-Defection Law
- A constitutional mechanism under the Tenth Schedule to curb party-switching by elected representatives. Its limitations include allowing defections if two-thirds of a party's legislators merge with another party, and not addressing resignations to force by-elections. The Supreme Court's upcoming ruling in the Goa defection case may clarify merger conditions.
Practice question
Critically analyze the effectiveness of the Tenth Schedule (Anti-Defection Law) in curbing political defections, with reference to the recent splits in the Shiv Sena. (250 words, 15 marks)
GS2 15 marks 250 words Mains
Key terms to include: Tenth Schedule Two-thirds merger rule Disqualification proceedings Intra-party democracy Speaker's discretion Election Commission Shiv Sena (UBT) Eknath Shinde faction
Answer framework
Introduction
Briefly introduce the Tenth Schedule and its purpose to prevent political defections. Mention the recent Shiv Sena splits as a case study.
Loopholes in the Tenth Schedule
Allows defection if two-thirds of a party's legislators merge with another party (Shinde faction's 2022 rebellion).
Does not address resignations to force by-elections, as seen in recent MP defections.
Delayed disqualification proceedings reduce deterrence (ongoing cases since 2022).
Impact on Party Democracy
Undermines intra-party democracy by enabling leadership challenges through defections (Thackeray vs Shinde factions).
Encourages patronage politics over ideological loyalty (BJP's role in Sena splits).
Weakens voter mandate by allowing elected representatives to switch allegiances post-elections.
Judicial and Institutional Challenges
Speaker's partisan role in disqualification decisions (controversies in Maharashtra Assembly).
Supreme Court's limited intervention in political questions (2023 verdict on Shinde faction's legitimacy).
Election Commission's recognition of splinter groups adds complexity (symbol allotment to Shinde faction).
Conclusion
Suggest reforms like mandatory by-elections for defectors, time-bound disqualification proceedings, and stricter merger conditions to restore the law's original intent.
Fact check
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