- Abhishek Banerjee met Speaker regarding 20 rebel TMC MPs.
- TMC disputes rebels’ merger, citing anti-defection law invalidity.
- Banerjee argues two-thirds of *entire party* must merge.
Trinamool Congress general secretary Abhishek Banerjee on Friday met Lok Sabha Speaker Om Birla along with several party MPs to raise objections to the merger announced by 20 rebel TMC MPs.
Following the meeting, Banerjee explained why he considers the merger “invalid” and repeatedly referred to the Tenth Schedule of the Constitution, which governs the anti-defection law.
Holding up copies of 20 disqualification petitions submitted to the Speaker, Banerjee said, “The 10th Schedule is against them, against these people who claim to have formed a separate group.”
Banerjee Cites Two Key Provisions Of Anti-Defection Law
Countering the rebels’ position, Banerjee relied on two provisions of the Tenth Schedule.
“One should be disqualified from Lok Sabha once they decide to join another party.”
“Merger only valid if two-thirds of the entire party merges into another, and not just members of the legislative party.”
His remarks came days after 20 rebel TMC MPs informed the Lok Sabha Speaker that they had merged with the Nationalist Citizens Party of India (NCPI), a Tripura-based political party.
The move prompted Banerjee to seek an audience with the Speaker and present the Trinamool Congress’s objections.
What The Tenth Schedule Says
The Tenth Schedule of the Constitution lays down India’s anti-defection law, which was introduced to curb defections by legislators for political or personal gain.
Under the law, a legislator can be disqualified if they voluntarily leave their political party or vote against the party’s official direction in the legislature.
However, Paragraph 4 of the Tenth Schedule provides an exception. Disqualification does not apply if the original political party merges with another political party and at least two-thirds of the members of that party’s legislature wing support the merger.
Before the rebels announced their merger, TMC MP Mahua Moitra had argued that merely having the support of a group of MPs does not automatically create a recognised faction under the anti-defection law.
The anti-defection law earlier contained a “split” provision that protected legislators if at least one-third of a party’s members broke away. That provision was removed in 2003 after repeated instances of misuse.
TMC Seeks Disqualification Of Rebel MPs
Banerjee urged the Speaker to disqualify the rebel MPs, arguing that their actions amounted to voluntarily leaving the party.
He pointed to their decision to break away, elect a Lok Sabha leader, appoint a chief whip and seek separate seating arrangements in Parliament.
“So if (they) have been elected on a symbol and (are) claiming after two years that they are joining a new party, their membership should go,” he said.
Banerjee also maintained that the requirement of support from two-thirds of members applies to the political party as a whole and not merely to its legislative wing.
TMC MPs Saugata Roy, Kalyan Banerjee and Mahua Moitra were also part of the delegation that met the Lok Sabha Speaker at Parliament House.
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