Uddhav Thackeray may rely on anti-defection laws to quell Shinde-led dissidence

The latest rebellion within Shiv Sena in Maharashtra may reduce the ruling MVA government to a wafer-thin majority in the state, but chief minister Uddhav Thackeray may see a ray of hope in anti-defection laws to quell the dissidence and bring back stability in the government.

Sena, a party of 55 MLAs, has suffered a crisis with rebel minister Eknath Shinde and his loyalists camping in Surat. There is no clarity as to exactly how many MLAs are with Shinde, but Sena leaders maintained at least 20 MLAs might have sided with the urban development minister who has rebelled against chief minister Uddhav Thackeray.

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According to the Tenth Schedule of the Constitution that spells out the anti-defection law, any group of lawmakers can leave a party and form another if at least two-thirds of the original party favours leaving the party. In other words, Eknath Shinde will require two-third of the Sena’s tally of 55 MLAs to save himself from inviting the disqualification procedure.

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The anti-defection act originally allows even one-third members of the party in assembly or Parliament to leave and merge with another party. But in the 91st Constitutional amendment in 2003, the then Atal Bihari Vajpayee government amended the act that required at least two-third of the party members to avoid facing anti-defection charges during a split.

The priority of the MVA government, however, has to be bringing back as many rebels as possible. For, even if the 20 odd MLAs of the Shinde faction are declared disqualified from the House, it substantially reduces the floor-strength of the MVA in the assembly and brings it closer to the BJP-led NDA’s tally.