Shiv Sena Split Tests Tenth Schedule's Anti-Defection Provisions Amid Political Turmoil

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

Union Home Minister Amit Shah declared the Eknath Shinde faction as the sole Shiv Sena, marking a culmination of political defections that challenge the Tenth Schedule's anti-defection law and parliamentary ethics.

Key points

Amit Shah publicly endorsed the Eknath Shinde-led Shiv Sena as the legitimate faction, signaling BJP's strategic consolidation ahead of key parliamentary votes like the Delimitation Bill.

Six of nine Shiv Sena (UBT) Lok Sabha MPs skipped a parliamentary meeting, submitting a letter to Lok Sabha Speaker Om Birla to form a separate grouping, potentially merging with Shinde's faction.

This move aims to bolster the NDA's parliamentary strength, particularly for passing constitutional amendments requiring two-thirds majority, such as the Delimitation Bill.

The Election Commission had earlier recognized the Shinde faction's claim to the Shiv Sena name and bow-and-arrow symbol in 2023, relegating Uddhav Thackeray's faction to 'Shiv Sena (UBT)' with a flaming torch symbol.

[GS2-Polity] The defections test the Tenth Schedule's provisions, especially after the 91st Amendment removed the 'split' clause, leaving only mergers with two-thirds support as a valid exception.

Shinde's 2022 rebellion was framed in Hindutva terms, breaking the MVA alliance, with BJP providing political cover and the CM's chair, showcasing realpolitik in Maharashtra's governance.

Allegations of BJP's involvement in engineering defections highlight concerns about parliamentary ethics and the misuse of anti-defection law loopholes for political gains.

[GS3-Economy] The defections could impact economic legislation, as a stronger NDA bloc may push through contentious bills like labor reforms or farm laws with reduced opposition.

Way Forward: Amend the Tenth Schedule to require original party dissolution for valid mergers, establish an independent anti-defection adjudicatory body, and impose electoral disqualification for defectors violating constitutional intent.

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 disqualifies MPs/MLAs who voluntarily give up party membership or vote against party whip, with exceptions for mergers approved by two-thirds of the legislative party. Its UPSC relevance lies in testing parliamentary democracy's integrity and judicial interpretations like Kihoto Hollohan case.

Shiv Sena

A right-wing Marathi regional party founded in 1966 by Bal Thackeray, advocating Hindutva and Maharashtra's interests. Its split into Uddhav Thackeray and Eknath Shinde factions exemplifies India's party system fluidity and constitutional challenges in regulating political realignments under the Tenth Schedule.

Delimitation Bill

A proposed constitutional amendment to redraw parliamentary constituencies based on latest population data, requiring two-thirds majority under Article 82. Its UPSC relevance includes federalism concerns as southern states oppose population-based seat redistribution, and its linkage to operationalizing the Women's Reservation Bill.

Election Commission's Symbol Order

Under Article 324, the EC adjudicates political party symbol disputes. Its 2023 Shiv Sena ruling set a precedent for resolving intra-party disputes by evaluating organizational strength and legislative support, impacting party democracy and electoral fairness.