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TMC Rebellion Faces Tenth Schedule Scrutiny: What Does The Anti-Defection Law Say?

| Jun 11, 2026, 05:57:14 PM | TOI.in
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Supreme Court lawyer and constitutional expert Virag Gupta says the ongoing TMC rebellion raises critical questions under the Tenth Schedule of the Constitution. According to Gupta, legislators elected on a party symbol who defect may face disqualification proceedings, but the anti-defection law also provides protection where two-thirds of a legislature party supports a split or merger. Gupta highlighted that the Speaker remains the primary authority to decide disqualification petitions, though courts can direct expeditious action and review the final decision. He also pointed to the unresolved constitutional debate over the distinction between a political party and its legislature party, an issue that has featured prominently in recent Supreme Court rulings. The controversy could ultimately determine whether a legislative majority can claim control of a legislature party despite opposition from the parent political organisation, making the TMC crisis a major test of India's anti-defection framework.

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