TMC Rebels' Merger with NCPI 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

TMC leader Abhishek Banerjee sought disqualification of 20 rebel MPs under the Tenth Schedule for merging with NCPI, challenging the constitutional validity of their defection and its impact on Lok Sabha dynamics.

Key points

TMC's Abhishek Banerjee submitted 20 petitions to Lok Sabha Speaker Om Birla, seeking disqualification of rebel MPs under the Tenth Schedule for merging with the Nationalist Citizens Party of India (NCPI).

The rebel MPs claimed to form a separate bloc and merge with NCPI, a registered unrecognised political party, which TMC argues violates the anti-defection law's two-thirds merger rule.

Paragraph 4 of the Tenth Schedule allows disqualification exceptions only if two-thirds of a party's legislators merge with another party, not individual MPs—a key constitutional point in this dispute.

This case connects to GS2-Polity as it tests the interpretation of the Tenth Schedule, following recent similar cases like Shiv Sena (UBT) defections, highlighting ongoing challenges in enforcing anti-defection laws.

[GS3-Economy] Political instability from such defections could impact legislative productivity, including pending economic reforms like labor codes and GST rationalization.

The Speaker's decision could alter Lok Sabha dynamics, potentially making NCPI the second-largest NDA constituent with 20 MPs, ahead of TDP (16) and JD(U) (12).

TMC cited judicial precedents on the Tenth Schedule, emphasizing that voluntary relinquishment of party membership warrants disqualification, as upheld in Kihoto Hollohan vs Zachillhu (1992).

The NCPI, registered in 2023 with minimal public presence, raises questions about whether it qualifies as a legitimate merger destination under the Tenth Schedule.

Way Forward: Amend the Tenth Schedule to clarify merger provisions, mandate time-bound Speaker decisions on defection cases, and introduce penalties for frivolous party-hopping to strengthen parliamentary ethics.

Key terms

Tenth Schedule

The Tenth Schedule of the Indian Constitution, added by the 52nd Amendment in 1985, contains anti-defection laws to prevent elected members from switching parties arbitrarily. It mandates disqualification of legislators who voluntarily give up party membership or vote against party whip, with exceptions for mergers approved by two-thirds of the party's legislators. UPSC relevance lies in its role in maintaining political stability and testing constitutional morality.

Nationalist Citizens Party of India (NCPI)

A registered unrecognised political party headquartered in Howrah, West Bengal, formed in January 2023. In UPSC context, its sudden emergence as a merger destination for defecting MPs highlights loopholes in anti-defection laws and the need for stricter criteria for party recognition under the Election Symbols Order.

Paragraph 4 of Tenth Schedule

A provision allowing exemption from disqualification if two-thirds of a party's legislators agree to merge with another party. UPSC focus: This clause's interpretation is critical in recent defection cases, as individual MPs cannot claim merger benefits unless the original political party undergoes the merger.

Kihoto Hollohan vs Zachillhu (1992)

A landmark Supreme Court judgment that upheld the Tenth Schedule's constitutional validity while ruling that Speaker's decisions under it are subject to judicial review. For UPSC, this case establishes the judiciary's role in checking arbitrary disqualifications and defines 'voluntarily giving up membership' as a key defection criterion.