Shiv Sena (UBT) MPs' Defection Tests Tenth Schedule's Anti-Defection Provisions
Contents4
Hindustan Times - India · 23 Jun 2026 · 2 min read
Prelims · Polity Mains · GS2 Polity and constitution High relevance
Six Shiv Sena (UBT) MPs are set to join the Eknath Shinde-led 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—Sanjay Dina Patil, Sanjay Deshmukh, Sanjay Jadhav, Bhausaheb Wakchaure, Nagesh Patil Ashtikar, and Omprakash Raje Nimbalkar—are defecting to the Eknath Shinde-led Shiv Sena, marking a significant setback for Uddhav Thackeray's faction.
The defections follow the MPs' absence from a Shiv Sena (UBT) parliamentary party meeting on June 17, 2026, signaling their intent to switch allegiance.
Sanjay Raut, a Shiv Sena (UBT) leader, made controversial remarks mocking Eknath Shinde, calling him 'pregnant' for 'delivering six MPs,' reflecting the faction's frustration.
The defections are part of Operation Tiger, a strategy by the Shinde faction to consolidate power by poaching leaders from the Uddhav camp, leveraging the Shiv Sena's tiger symbol.
Uddhav Thackeray condemned the defections, accusing the MPs of betraying the party's Marathi-centric ideology for political gain and monetary benefits.
The MPs have reportedly submitted a letter to Lok Sabha Speaker Om Birla regarding their decision, invoking the Tenth Schedule's provisions on defection and merger.
[GS2-Polity] This connects to GS2 Polity as it tests the efficacy of the Tenth Schedule's anti-defection law, particularly the two-thirds merger rule, in preventing political instability.
[GS3-Economy] The defections could alter Maharashtra's political economy, influencing resource allocation and governance priorities, given the state's significant fiscal and developmental challenges.
Way Forward: To curb defections, India should amend the Tenth Schedule to disqualify defectors from holding public office for a fixed term, establish an independent anti-defection tribunal, and mandate transparency in political funding to reduce monetary inducements.
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 representatives from switching parties arbitrarily. It mandates disqualification for defection unless two-thirds of a party's members merge with another party, aiming to ensure political stability and ethical governance.
- Operation Tiger
- A political strategy by the Eknath Shinde-led Shiv Sena faction to attract defectors from the Uddhav Thackeray camp, named after the party's tiger symbol. It highlights the tactical use of party symbols and ideological appeals in factional politics, relevant for understanding intra-party dynamics and defection trends.
- Shiv Sena (UBT)
- The Uddhav Thackeray-led faction of the Shiv Sena, formed after a split in 2022. It represents the original party's Marathi-centric ideology and has been embroiled in legal and political battles over legitimacy and symbol ownership, reflecting broader issues in India's party system.
- Lok Sabha Speaker
- The presiding officer of the Lok Sabha, responsible for maintaining order and interpreting parliamentary rules. In defection cases, the Speaker adjudicates disqualification petitions under the Tenth Schedule, playing a critical role in upholding constitutional morality and political integrity.
Practice question
Critically examine the effectiveness of the Tenth Schedule's anti-defection law in maintaining political stability, with reference to the recent defections in the Shiv Sena (UBT). (250 words, 15 marks)
GS2 15 marks 250 words Mains
Key terms to include: Tenth Schedule Two-thirds merger rule Operation Tiger Lok Sabha Speaker Disqualification Keisham Meghachandra Singh case Representative democracy Political morality
Answer framework
Introduction
Briefly introduce the Tenth Schedule and its purpose to curb political defections. Mention the recent Shiv Sena (UBT) defections as a case study.
Legal Provisions and Loopholes
Explain the two-thirds merger rule under the Tenth Schedule.
Highlight how this provision is being exploited in the Shiv Sena case to bypass disqualification.
Impact on Political Stability
Discuss how frequent defections undermine democratic mandates and governance.
Analyze the specific impact on Maharashtra's political landscape post-defections.
Judicial and Institutional Challenges
Role of the Lok Sabha Speaker in adjudicating defection cases and delays in decisions.
Reference to past Supreme Court interventions (e.g., Keisham Meghachandra Singh case) and their limitations.
Ethical and Representative Democracy
How defections betray voter trust and party ideologies (e.g., Shiv Sena's Marathi-centric stance).
Monetary and office-based inducements as drivers of defections.
Conclusion
Suggest reforms like time-bound Speaker decisions, banning defectors from re-election, and transparency in political funding to strengthen the law.
Fact check
All facts verified