National News

In multiple ‘real’ Trinamool Congress claims lie larger debate of grey zone in anti-defection law

The Trinamool Congress (TMC) is facing one of the most serious internal crises in its history, with rival factions claiming to be the party’s “real” representative while founder Mamata Banerjee watches developments unfold.

Sentinel Digital Desk

NEW DELHI: The Trinamool Congress (TMC) is facing one of the most serious internal crises in its history, with rival factions claiming to be the party’s “real” representative while founder Mamata Banerjee watches developments unfold. The turmoil follows growing dissatisfaction within the party, particularly over leadership issues and the increasing influence of Abhishek Banerjee.

The crisis has deepened after 20 of the TMC’s 28 Lok Sabha MPs joined the Nationalist Citizens Party of India (NCPI), while nearly 60 of the party’s 80 MLAs in the West Bengal Assembly broke away from the organisation. Both groups insist they remain the legitimate voice of the Trinamool Congress despite separating from its central leadership. At the heart of the dispute is India’s anti-defection law. Rebel lawmakers argue that they are protected under Paragraph 4 of the Tenth Schedule, which exempts legislators from disqualification when at least two-thirds of a legislature party agrees to a merger. However, legal experts remain divided on whether this provision applies only when legislators merge or whether the original political party itself must also formally merge.

The rebels rely heavily on a 2022 Goa defection case, where the Bombay High Court’s Goa bench upheld the Speaker’s decision not to disqualify Congress MLAs who joined the BJP after more than two-thirds of the legislature party crossed over. While the Supreme Court later allowed fresh challenges, it has not yet delivered a conclusive ruling on the issue.

The controversy echoes the recent splits within Maharashtra’s Shiv Sena and Nationalist Congress Party. Critics point to Supreme Court observations in the 2023 Shiv Sena case suggesting that a legislature party cannot function independently of the political party that created it. The outcome of ongoing legal proceedings could significantly influence the interpretation of India’s anti-defection framework. The TMC dispute raises key questions about whether the two-thirds merger provision can be used to legitimise mass defections and whether expelled members can claim legitimacy solely through numerical strength. (IANS)

Also Read: We are the ‘Real’ TMC, says Rebel Trinamool Congress MP Jagadish Barma Basunia