Shiv Sena (UBT) MPs' Defection Tests Tenth Schedule's Anti-Defection Provisions

Hindustan Times - India · 21 Jun 2026 · 2 min read
Prelims · Polity Mains · GS2 Polity and constitution High relevance

Six of nine Shiv Sena (UBT) Lok Sabha MPs have rebelled, seeking to merge with the Eknath Shinde faction, raising constitutional questions under the Tenth Schedule's anti-defection law and threatening Maharashtra's political stability.

Key points

Six Shiv Sena (UBT) MPs have submitted a letter to the Lok Sabha Speaker to form a separate group, aiming to merge with Eknath Shinde's Sena faction, which supports the BJP-led NDA government.

Tenth Schedule of the Constitution mandates that two-thirds of a party's legislative wing must agree to a merger to avoid disqualification under anti-defection law. The rebels meet this threshold with six of nine MPs.

Legal ambiguity persists on whether two-thirds of the entire party or just its legislative wing must merge, a question pending before the Supreme Court in a similar Goa case.

Uddhav Thackeray rejected the rebels' claim of fearing a Congress merger, asserting Shiv Sena's founding principles of Marathi rights and Hindutva, while accusing the BJP of orchestrating the split.

Sanjay Raut cited legal arguments that the anti-defection law requires two-thirds of the entire party, not just MPs, to merge, labeling the rebels as 'traitors'.

Eknath Shinde dared Thackeray to act against the rebels, calling the defections 'only a trailer', with the operation codenamed 'Operation Tiger' by some leaders.

[GS2-Governance] This episode highlights the recurring crisis of political defections in India, undermining stable governance and public trust in democratic institutions.

Historical context: This is the second major split in Shiv Sena since 2022, when Shinde led 40 of 56 MLAs to topple the MVA government, followed by 13 of 18 Lok Sabha MPs defecting.

Electoral impact: Thackeray's faction had rebuilt to win 9 Lok Sabha seats in 2024 but suffered heavy losses in subsequent Maharashtra assembly and BMC elections, eroding its organizational strength.

Way Forward: Amend the Tenth Schedule to clarify merger requirements, impose stricter penalties for defectors including lifetime disqualification, and establish an independent tribunal to adjudicate anti-defection cases swiftly.

Key terms

Tenth Schedule

The anti-defection law introduced via the 52nd Constitutional Amendment in 1985, outlining conditions under which legislators can be disqualified for defecting from their party. It aims to curb political instability but faces criticism for loopholes exploited through engineered splits.

Shiv Sena (UBT)

The faction led by Uddhav Thackeray after the 2022 split, recognized by the Election Commission with a flaming torch symbol. It represents the Thackeray family's legacy but has faced continuous erosion of its political base in Maharashtra.

Operation Tiger

Alleged covert operation by the Shinde faction to engineer defections from Shiv Sena (UBT), named after Bal Thackeray's symbolic use of tiger imagery. Reflects the aggressive tactics employed in contemporary political realignments.

Maha Vikas Aghadi (MVA)

The former ruling alliance in Maharashtra (2019-2022) comprising Shiv Sena, NCP, and Congress, which collapsed after Eknath Shinde's rebellion. Demonstrated the fragility of ideologically diverse coalitions in Indian politics.