Defection as merger: On politics, the wave of defections

Published 2026-06-22 · Updated 2026-06-22 · 2 min · 362 words

UPSC CSE Context

Why in News: Six Shiv Sena (UBT) MPs seek to join Eknath Shinde faction, claiming merger under Tenth Schedule. Syllabus Connection: Polity: Anti-defection law, Tenth Schedule, parliamentary democracy. Exam Relevance: Highlights misuse of merger exception in anti-defection law, relevant for questions on political ethics, defections, and constitutional safeguards. ## Core Issue Engineered defections dressed as mergers undermine Tenth Schedule's intent. Key Development: Six Shiv Sena (UBT) MPs claim two-thirds strength to merge with Shinde faction, avoiding disqualification. Stakeholders:

• TMC
• BJP-led NDA
• AAP
• Presiding Officers
• Supreme Court ## Static Knowledge High-Value Background:
• Tenth Schedule (anti-defection law) disqualifies members for voluntary resignation or voting against party whip, with exception for merger if two-thirds agree.
• 2003 amendment removed 'split' provision (one-third defection allowed), retaining only 'merger' exception. Exam Linkage:
• Useful for questions on anti-defection law, its loopholes, and impact on parliamentary democracy. Concepts in Context:
• Merger exception: Disqualification not applicable if two-thirds of party legislators merge with another party.
• Engineered split: Artificially creating faction to claim merger, circumventing anti-defection law. Institutions and Mechanisms:
• Presiding Officer (Speaker/Chairman) decides disqualification under Tenth Schedule. ## Dynamic Analysis ### Constitutional/Legal
• Merger exception being misused as engineered splits, undermining anti-defection law's purpose.
• Court's ruling that merger must involve parent party is often ignored in practice. ### Governance
• Defections erode voter mandate and party discipline, weakening representative democracy.
• Cumulative effect strengthens ruling NDA in Parliament, bypassing need for consensus on constitutional amendments. ### Political
• Defections from opposition parties to ruling NDA alter parliamentary arithmetic without elections.
• NDA lacks two-thirds majority for constitutional amendments; defections help circumvent this threshold.
• Trend of crossovers reduces political accountability and encourages opportunistic alliances. ## Prelims Takeaways
• Tenth Schedule of Constitution: Anti-defection law, added by 52nd Amendment Act, 1985. ## Mains Value Addition Arguments:
• Merger exception is being exploited to bypass anti-defection law, undermining constitutional intent.
• Defections without electoral mandate violate democratic principles and voter trust. Counterpoints:
• Merger exception allows genuine party mergers without penalizing members.
• Defections may reflect internal party democracy and realignment of political forces. ## Way Forward
• Amend Tenth Schedule to require merger of original party, not just legislature party.
• Empower Election Commission to disqualify defectors pending final adjudication.
• Strengthen internal party democracy to reduce incentives for defection.

Primary/reference source: Editorial Analysis