Shiv Sena (UBT) MPs' Defection Tests Tenth Schedule's Anti-Defection Provisions
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Hindustan Times - India · 24 Jun 2026 · 2 min read
Prelims · Polity Mains · GS2 Polity and constitution High relevance
Six Shiv Sena (UBT) MPs defected to the Eknath Shinde-led faction, potentially boosting NDA's Lok Sabha strength to 300, while raising constitutional questions under the Tenth Schedule's anti-defection law.
Key points
Six MPs from Uddhav Thackeray-led Shiv Sena (UBT) formally joined Eknath Shinde's faction, marking a significant political shift in Maharashtra.
NDA's Lok Sabha strength could increase from 294 to 300 if the Speaker approves the merger, though still short of the two-thirds majority (364) required for constitutional amendments.
Lok Sabha Speaker's approval is pending under the Tenth Schedule of the Constitution, which governs anti-defection and merger provisions.
Shiv Sena's Lok Sabha tally would rise from 7 to 13 MPs in Maharashtra if the defection is recognized, altering the state's political dynamics.
[GS2-Polity] This connects to anti-defection law debates, as the Tenth Schedule's loopholes allow defections disguised as mergers, undermining electoral mandates.
Operation Tiger, the Shinde faction's strategy to lure Sena (UBT) members, reflects ongoing political realignments post-2024 Maharashtra assembly elections.
Constitutional implications arise as delimitation and women's reservation bills require stronger parliamentary majorities than NDA currently holds.
[GS3-Economy] Political instability from defections could delay critical economic reforms, impacting investor confidence and legislative productivity.
Way Forward: Amend the Tenth Schedule to define 'merger' strictly, impose cooling-off periods for defectors, and empower the Speaker with time-bound decisions to curb political opportunism.
Key terms
- Tenth Schedule
- The Tenth Schedule of the Indian Constitution, added by the 52nd Amendment Act (1985), contains anti-defection provisions to prevent elected members from switching parties arbitrarily. It mandates disqualification for voluntarily giving up party membership or voting against party whip, with exceptions for mergers approved by two-thirds of the legislative party. Its UPSC relevance lies in preserving political stability and electoral mandates, though loopholes enable engineered defections.
- Operation Tiger
- A political strategy by Eknath Shinde's Shiv Sena faction to induct elected representatives from Uddhav Thackeray's Sena (UBT) through coordinated defections. Named metaphorically for aggressive recruitment, it exemplifies realpolitik tactics that exploit anti-defection law ambiguities, with implications for Maharashtra's governance and national coalition dynamics.
- Two-thirds majority
- A constitutional requirement under Article 368 for passing amendments, requiring approval by at least two-thirds of members present and voting, and a majority of total membership. For the 543-seat Lok Sabha, this translates to ~364 seats. UPSC relevance stems from its role in safeguarding constitutional integrity against transient parliamentary majorities.
- Delimitation
- The process of redrawing parliamentary and assembly constituency boundaries based on population changes, governed by the Delimitation Commission Act (2002). Scheduled for 2026, it raises federal concerns as southern states oppose population-based seat allocation, fearing reduced representation despite better demographic management.
Practice question
Critically examine the effectiveness of the Tenth Schedule of the Indian Constitution in preventing political defections, with reference to recent instances of Shiv Sena MPs switching allegiance. (250 words, 15 marks)
GS2 15 marks 250 words Mains
Key terms to include: Tenth Schedule Anti-Defection Law Two-thirds majority Speaker's discretion Political stability Electoral mandate Operation Tiger Delimitation
Answer framework
Introduction
Briefly introduce the Tenth Schedule (Anti-Defection Law) and its objectives. Mention the recent Shiv Sena MPs' defection as a case study.
Objectives of the Tenth Schedule
To curb political defections and ensure stability in elected bodies.
To maintain the sanctity of the electoral mandate given by the people.
Loopholes and Challenges
Defections disguised as mergers (two-thirds clause).
Speaker's discretionary power and delays in decision-making.
Lack of strict definition of 'voluntarily giving up party membership'.
Impact of Recent Shiv Sena Defections
Undermines electoral mandate and voter trust.
Political instability and impact on governance.
Sets a precedent for similar defections in other parties.
Way Forward
Amend the Tenth Schedule to define 'merger' strictly.
Impose cooling-off periods for defectors.
Empower the Speaker with time-bound decisions.
Conclusion
While the Tenth Schedule has been partially successful, recent events highlight the need for comprehensive reforms to strengthen its provisions and ensure political stability.
Fact check
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