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3 Jun 2026Polity & Governance3 questions

TMC vs TMC: Anti-Defection Law in Focus

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Article summary

In a dramatic intra-party rupture, 59 rebel Trinamool Congress (TMC) MLAs in West Bengal have backed suspended leader Ritabrata Banerjee as the legislature party leader, directly challenging the Mamata Banerjee-led party establishment. The TMC currently holds 80 seats in the West Bengal Legislative Assembly, making the two-thirds threshold for a valid split under the Tenth Schedule exactly 54 MLAs — a bar the rebels claim to have crossed. The Tenth Schedule of the Constitution, inserted by the 52nd Amendment (1985), disqualifies members who voluntarily give up party membership or vote against party directions, but exempts a faction if it commands at least two-thirds of the original legislature party. In response, the TMC dissolved all its legislative panels, signalling an aggressive counter-move to isolate the rebels. The episode revives critical UPSC-relevant debates around the Speaker's quasi-judicial role, the definition of a 'merger', and whether the anti-defection law adequately balances party discipline with legislative independence.

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recallTests whether you read the article and retained key facts.
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applicationTests whether you can apply the concept to a new scenario.
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analysisTests whether you can reason across multiple related facts.
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Sample questions — answers revealed after test

Polity & GovernanceRecallEasy

Q1. The 91st Constitutional Amendment Act (2003) made a significant change to the Tenth Schedule of the Indian Constitution. Which of the following correctly describes that change?

AIt removed the exemption for a 'split' in a legislature party, retaining only the exemption for a 'merger' where at least two-thirds of the legislature party joins another political party.
BIt removed both the 'split' and 'merger' exemptions, making any form of defection from the original party an absolute ground for disqualification.
CIt reduced the threshold for a valid 'split' from one-half to one-third of the legislature party, making it easier for dissenting factions to avoid disqualification.
DIt transferred the adjudicatory power over disqualification petitions from the Speaker to the Election Commission of India.
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Polity & GovernanceApplicationMedium

Q2. A state legislative party has 80 members. Following an internal dispute, 59 members (73.75%) publicly support a rebel leader, issue a whip of their own, and vote against the direction of the original party organisation — but do NOT formally join any other political party. The original party files disqualification petitions against all 59 rebels before the Speaker. Which of the following statements best describes the constitutional position of the 59 rebels under the Tenth Schedule as it stands after the 91st Amendment?

AThe rebels are exempt from disqualification because they constitute more than two-thirds of the legislature party, satisfying the merger threshold under Paragraph 4 of the Tenth Schedule.
BThe rebels are liable to be disqualified because, having voted contrary to party direction without joining another party, they cannot claim the merger exemption, which requires formal amalgamation with another political party.
CThe rebels cannot be disqualified because the Supreme Court in Kihoto Hollohan (1992) held that numerical majority within a legislature party overrides the party organisation's whip.
DThe rebels are automatically exempt because any group exceeding 50% of a legislature party is constitutionally protected from disqualification under the anti-defection law.
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Polity & GovernanceAnalysisHard

Q3. Consider the following statements regarding the Tenth Schedule of the Indian Constitution and the constitutional issues raised by large-scale legislative defections: 1. The Supreme Court in Kihoto Hollohan (1992) upheld the validity of the Tenth Schedule but ruled that the Speaker's decision on disqualification is not subject to judicial review. 2. The 91st Amendment (2003) deleted the 'split' exemption from the Tenth Schedule, after which a faction — however large — within a legislature party can avoid disqualification only by formally merging with another political party. 3. The Nabam Rebia (2016) judgment raised the question of whether a Speaker against whom a notice of removal is pending can adjudicate disqualification petitions, pointing to a structural conflict of interest. 4. Under the Tenth Schedule, a member is disqualified if they voluntarily give up party membership, but abstaining from voting on a party whip does not constitute a ground for disqualification. How many of the above statements are correct?

AOnly one
BOnly two
COnly three
DAll four
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