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Disqualification Looms Over TMC MPs Amid Internal Turmoil
The ongoing factional strife within the Trinamool Congress (TMC) has escalated significantly, particularly highlighted during a recent INDIA bloc meeting in Delhi attended by TMC chief Mamata Banerjee and party general secretary Abhishek Banerjee. On the same day, TMC MP Sharmila Sarkar announced that a group of 20 MPs were forming a "separate bloc" in support of the NDA, attributing their decision to rampant corruption within the party. Reports indicate that these rebel MPs convened at the residence of Union Minister Bhupender Yadav, with West Bengal Chief Minister Suvendu Adhikari also engaging with them.
The rift has implications beyond party dynamics, reaching the Lok Sabha where legal experts assert that simply having two-thirds of MPs does not exempt them from disqualification. Former Lok Sabha Secretary General PDT Achary emphasized that the 20 MPs, who represent a significant portion of the party's strength, could face disqualification under the anti-defection law, as their actions suggest a defection rather than a legitimate merger.
Under the Constitution's tenth schedule, which governs anti-defection laws, members can be disqualified for voluntarily leaving their party or opposing party directives. The only way to sidestep disqualification is through a formal merger with another political party, necessitating the agreement of at least two-thirds of the original members. Senior Advocate Saurabh Kirpal noted that a merger must involve the entire political party, not just its legislative members. He cautioned, "They can't be a separate bloc; that constitutes a split, which is no longer permissible under the law."
Legal interpretations suggest that the concept of a merger requires more than just a faction of legislators claiming to separate. Achary clarified that without a formal merger of the TMC with another party, the current independent actions of these MPs hold no legal weight. "The two-thirds number has no significance unless there's a merger between TMC and BJP," he stated, further asserting that any claim of being the 'real party' is insufficient without a legitimate merger.
Judicial precedents, such as a 2022 Bombay High Court ruling that validated the merger of Congress MLAs with the BJP, highlight the complexities surrounding these legal interpretations. While some legal opinions argue that a split in the organizational structure may not be necessary for a merger, Kirpal believes the essence of the law suggests that a true merger involves the parties themselves, not merely individual legislators. "The spirit of the tenth schedule implies that a party must fully merge, not just a faction," he concluded, emphasizing the need for clarity in these turbulent political times.
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