En masse defection an escape route?

HYDERABAD: The decision of the four Congress MLCs in the

Legislative Council

unanimously resolving to merge their CLP with TRS seems to be aimed at securing the protection accorded by the 10th Schedule of the Constitution. Had they gone one by one, they would have faced risk of disqualification as they would have attracted provisions of anti-defection law.


By defecting en masse, they have an

escape route

under Para 4 of the 10th Schedule, which says that disqualification on grounds of defection will not apply to legislators if their original party merges with another party (TRS in this case).

If two-thirds of the total number of MLCs switch over to TRS and merge their legislative wing with TRS, they can escape from anti-defection provisions and disqualification, legal sources close to TRS said.

However, the Congress is upset with the development. It’s counsel Ravi Shankar Jandhyala said they will approach the HC on Monday to question the merger. According to him, the Speaker or Chairman of the council is not competent to approve the merger of a political party with another. Moreover, Congress is a national party and its state units have no power to merge with other parties at the state level, he said.

A national party cannot be merged with a regional political party, he said, adding that even seeking merger in the current case incurs disqualification because it was done without any authority for the individual members to do so. The rank and file of a party throughout the nation has to accept the idea of merger, Ravi Shankar said, adding that Para 4 of the 10th Schedule is not independent as it has to be read with other paras.


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