FLAME THE PEOPLE: FLARE THE DEFECTION BY - UJJWAL SHUKLA & DEVANSH MISHRA
FLAME THE
PEOPLE: FLARE THE DEFECTION
Abstract
The political arena in Maharashtra
faced significant instability in recent years[3],
characterized by separatism of leaders, alteration of alliances and fractured
leadership in the state. The topic of the paper “Flame the people: Flare the
defection” encapsulates the vaporous dynamics that have shaped the governance
of the state. This paper will reflect the light on the role of political
defection as a strategic toolkit in Maharashtra's political power struggle,
influence of individual leaders and parties in leveraging mass support and
opportunistic alliances to secure political benefit in the state. Through the
recent events in state’s political arena, such as collapse of Uddhav Thakre led
Shiv Sena government, emergence of Bhartiya Janata Party led coalition
government and the subsequent realignment of political forces, the paper
examines the role and impact of defection in policy making, governance and
political identity of state. The analysis further delves into the consequences
of such shifts for the electorate, democracy and the stability of state
political institutions. The paper is based on secondary research methodology.
The Topic of the research “Flame the people: Flare the defection” underlines
the fragility of loyalty in the political arena in Maharashtra and the critical
role of defections shaping the state's future political trajectory. The
objective of the paper is to examine the instable political condition of the
state, examining the causes of the defection in the state, analysing the role
of individual leaders and political parties in facilitating the defection,
evaluating the effect of defection in public trust and democratic conditions.
This paper will also identify the pattern and trends of defection in Maharashtra’s
political history.
Keywords: Defection, people,
leadership.
Introduction
It appears that political stability
may be reinstated in the state, after Devendra Fadanvis took oath as the new
chief minister of Maharashtra[4]. Which
has been absent since 2019 assembly elections. Despite the results of 2019
elections were very clear over the formation of government[5]
but the ambition of different leaders and political parties led to an
instability in the governance and also resulted in formation of new coalition
government over fragile compromises. The political landscape of Maharashtra
revolves around Bhartiya Janata Party, Shiv Sena, Congress and Nationalist
Congress Party, but this dynamic changed drastically over the fight for the
Chief minister’s post. BJP and Shiv Sena were two old partners who also share
identical ideology and parted their ways over the demand of cm’s post after the
election result. Shiv Sena had ideological differences with NCP and Congress
but decided to go with them to form the government.
This move changed the political
configuration in Maharashtra a new alliance formed in the Maharashtra politics
which is still active and have fought the 2024 election together known as Maha
Vikas Aghadi (MVA). The alliance is not in its original form as it was created
but the alliance itself has to face some split resulting in the change of
throne of Maharashtra in favour of BJP. A senior leader of Shiv Sena left the
party along with 40 other MLAs and published a statement in media that they
don’t have any trust in the government and chief minister as the alliance in
which Shiv Sena is currently in, is totally against their ideology. Further
they also filed a letter in Election Commission (EC) that they are the real Shiv
Sena as they have more than half of the elected members of the party, they also
submitted the same in the Supreme Court and proclaimed that there should not be
any sort of defection related action taken by deputy speaker in the assembly.
This instability in the government comes up with instability in the party, when
members of a party don’t find the senior leaders of the party listening to them
and not giving them time to meet such distrust takes place. This also shows
lack of democracy among the parties and several measures must be taken by
parties to ensure that the people’s will and their vote must be respected.
The same instance took place even in
NCP too where Ajit Pawar nephew of Sharad Pawar defected party along with 41
MLAs and joined in the government. These instances develop distrust in the mind
of people that they vote for some party and the leader and party change their
loyalty which decreases the value of their vote.
Historical
context
The history of Maharashtra contains
several instances of defections [6]and
politicians affiliating them with other parties. For instance, Narayan Rane,
who previously held the position of chief minister went to congress from shiv
sena later on made his new political party and amalgamated it with BJP in 2019.
Furthermore, one can also consider the case of Raj Thackrey who was once
considered as the successor of shiv sena, yet diverged from the party and
formed his new political party known as Maharashtra Navnirman sena.
However, the most significant
political defection in the history of Maharashtra [7]rather
in the country happened following the 2019 Maharashtra assembly elections. As
previously indicated that during the 2019 assembly elections BJP and shiv sena
fought together in a coalition commonly referred as NDA. Although the alliance
managed to achieve the majority mark, the government was never formed over the
persistent demand of cm's post for 2.5 years from shiv sena. The BJP side kept
on denying it that there was no agreement over the CM's post.
The contest for the next supreme
leader of Maharashtra persisted. There were various rounds of meetings among
leaders across the parties, further as per the rules and norms the single
largest party which was BJP at that time called for making the government by
the governor. Showing their incapability the BJP stepped aside and the governor
further asked the second and third largest party for the same. Government in
Maharashtra could only be made in two conditions which were either shiv sena go
with their old ally BJP or they go with NCP and congress combinedly who are the
adversaries of shiv sena’s ideology.
Later on, Shiv sena formed the
government along with NCP and Congress by their side and Uddhav Thackrey became
the chief minister of Maharashtra. The government lasted for nearly 2 years.
Now after 2 years of government, a cabinet minister and senior shiv sena leader
Eknath Shinde along with a group of MLAs went missing from the assembly they
firstly moved to Surat and later on to Guwahati claiming that alliance in which
shiv sena is against their ideology and thus they have no confidence in CM. To
this the Uddhav faction initiated a disqualification proceeding against the
dissenting MLAs, this move was subsequently contested by the Shinde group in
the Supreme Court. Additionally, the Shinde faction approached the Governor of
Maharashtra, submitting a letter which formally withdrew their support from the
government, which was later challenged by the Uddhav group in the Supreme
Court. The Supreme Court’s ruling over these issues is a different matter;
although these events changed the political landscape. The action taken by
Shinde and the 40 out of 55 MLA of Shiv sena facilitated Bhartiya Janata Party
return to power, culminating in Eknath Shinde attaining the position of chief
minister of Maharashtra. Subsequently, Ajit Pawar, the nephew of NCP leader
Sharad Pawar, defected from his uncle’s party along with 41 out of 53 MLAs
subsequently, assuming the role of Deputy Chief Minister of Maharashtra. This
overview encapsulates the recent history of political defections in
Maharashtra, which has sparked a debate regarding the legitimacy of the
original Shiv Sena and the authentic NCP, among other contentious issues in the
political arena
Causes of
defection
The phenomenon of political defection
in Maharashtra can be understood as a complex interplay of personal ambitious
greed of leaders, power struggle, corruption, ideological shifts and regional pressures.
These factors are continuously contributing in the Maharashtra defection in the
form of party alienations, shifting of leaders, political instability,
unexpected defections and constant changes in the government leadership and
formation. There are various causes of defection which are discussed in brief
below:
- Internal instability within the
political party- Internal power struggle within the political party can be
seen as the cause of the defection. In Maharashtra, regional parties such
as the National Congress Party (NCP) and Shiv Sena both faced internal
instability [8]among
their party. This resulted in the factionalism of both the parties, power
tussle can be seen as a primary reason for factionalism. this results into
the defection when party members feels that their ambitions are not
getting fulfilled. Unclear and uncontested leaderships also lead to the defection.
When members of the parties fought for the leadership and they didn't get
the expected results then the members of political party move in search of
more favourable leadership.
2. Opportunism and personal gain - In
Maharashtra's dynamic political landscape[9],
politicians often change loyalties to secure ministerial roles or gain better
access to resources. A common trend is leaders defecting to the ruling party,
as observed with several leaders joining the BJP during election seasons.
Electoral considerations also play a significant role in these shifts, as
aligning with a more powerful party is seen as enhancing the chances of
winning. For instance, when Shiv Sena parted ways with the Congress-NCP
alliance to form a government with the BJP, numerous leaders switched sides to
align with the ruling coalition.
3. Social and regional factors -
Maharashtra's intricate social and regional dynamics, particularly caste
politics, play a significant role in influencing political defections. Leaders
often switch parties to better align with their caste-based or regional
constituencies or to gain an advantage in a caste-driven political landscape.
Issues like the demand for Maratha reservations and other regional concerns can
also trigger such shifts, as politicians may gravitate toward parties that
appear more committed to addressing these demands. For instance, the Shiv Sena
has traditionally championed Maratha interests, and defections may occur as
leaders seek to associate themselves with a party perceived as more attuned to
local priorities.
4. Moral and ethical factors - In
Maharashtra, politicians frequently switch parties [10]driven
by personal interests rather than adherence to a specific ideology. This lack
of strong ideological commitment facilitates frequent defections. The focus is
often on power dynamics rather than loyalty to principles, leading to numerous
instances of cross-party movement.
5. Media and public perception - In the
digital era, media coverage significantly influences public opinion. Political
defections in Maharashtra are often driven by media narratives, the public's
perception of a leader's capabilities, and the framing of their new alliances
as advantageous or promising. Leaders frequently switch allegiances when the
media endorses the move, presenting it as a fresh opportunity.
These were the causes of defections
which contributed to the defection. This state of perpetual uncertainty and
unpredictability, where alliances are often temporary, continues to both
political volatility and phenomenon of defection which in turns results in
unstable condition of the state and insatiable government of the state too.
Impact of
defection
The impact of the political defection
[11] in
Maharashtra can be studied through many ways. A government impacts the people
of the state, governance of the state, position of the state and many other
factors. Hence, we will discuss the different impact of the defection through
the different angles:
1. Erosion of democratic principles -
“Government of the people, by the people, for the people”, these words of
Abraham Lincoln sheds light on the basic structure of the democratic
government. A democratic government directly affects the people of the state. Defections
undermine the mandate of the people as leaders switch alliances for personal or
political gain. frequent defections weaken the trust of the people on the
democratic process and institutions. Such disillusionment makes the citizens,
especially the youth, apathetic towards politics and affects political
participation.
2. Political instability - defection
leads to the collapse of the government of the state. Since 2019, Maharashtra
has continuously faced political instability. This instability interrupts the
governance of the state. Delaying crucial legislative and developmental
initiatives. This political instability ultimately gives birth to the incapable
government and leaders. Political instability due to defections raises the
question regarding loyalty of the leaders and the responsibility of the leaders
towards people of their constituencies.
3. Frequent elections - Such defections
lead to losing the confidence of the legislature, this situation leads to the
frequent elections. Election is a process which includes many elections
personnels and additional security personnels. Defection results in burdening’s
the exchequer. Defections result in switching alliances, in such a situation
the government has to prove the confidence of the legislature, if none of the
party is able to prove the confidence of the legislature then new elections
gets conducted. This process gets repeated due to the frequent
defections.
4. Administrative inertia - political
instability due to the defections often leads to stalls in bureaucratic processes,
public services and welfare programs. Defection leads to unstable governance in
the state and unstable governance ultimately results in delaying public
services. This directly impacts the people of the state and they suffer through
various delays in welfare schemes, policies and public services. Bureaucrats,
cautious of abrupt changes in power, often refrain from making decisive moves
to avoid potential political repercussions. Politicians, meanwhile, prioritize
political survival over governance, neglecting essential administrative
responsibilities. This stagnation hampers the delivery of public services,
delays infrastructure development, and disrupts policy execution, ultimately
hindering overall progress.
5. Economic impact - frequent elections
and shifts in governance leads to unpredictable fiscal policies, affecting
state finances. Political instability also discourages domestic and foreign
investment. Economic condition gets affected through the defections, it leads
to negative investment climate and fiscal strain. Frequent changes in
government disrupt policy stability, causing delays in implementing vital
economic reforms and investment initiatives. The resulting political
uncertainty discourages businesses from committing to investments, leading to a
decline in both domestic and foreign capital inflows.
Tenth
Schedule
The genesis of anti-defections can be
traced back from the 1960s-1980s[12].
Anti defection law was enacted through 52th constitutional amendment,1985. The anti-defection
law, technically the tenth schedule of the Indian constitution was enacted to
address the instability caused due to the defections in the political arena.
Democratically elected legislators in India's parliamentary system shift the
alliances which they supported at the time of election, this gives space to
anti defection law by eliminating them from the house of legislature. There are
different grounds for disqualification such as voluntarily giving up membership
of the party or voting or abstaining from voting against party directives
without prior permissions which is known as whip. Certain exceptions are also
provided in anti-defection law. If two-third members of the party agree to
merge with another party then anti definition law is not applicable[13].
The scope of the 10th schedule extends to both houses of parliament i.e. Lok
Sabha and Rajya Sabha. State legislatures also come under the ambit of anti-defection
law which covers all the members of state legislature (MLAs). Members of parliament
(MPs) are also covered under the anti-defection of law, all the members of both
the houses come under the ambit of anti-defection law. Presiding officer holds
the authority to decide on petitions related to disqualifications. There is a
continuous controversy regarding the role of presiding officer, as the
presiding officer belongs to the ruling party which somehow imparts partiality
in the decision-making process. There are many case laws where anti defection
laws were tested in court. In the Kihoto Hollohon vs. Zachillhu case, the court
upheld the constitutionality of law but ruled that decisions of presiding
officers are subject to judicial review. There are various challenges and
criticisms about the anti-defection law. Some regard this law as the
restriction on legislators on freedom of speech and dissent within the party.
Delays in disqualification proceedings result in undermining the law's
effectiveness. The role of presiding officer is also a point of concern as it
questions the transparency in decision making process of disqualification
petitions. Merger clauses under exceptions in anti-defection law are often used
to evade disqualification. There are different recommendations and suggestions
given by various committees. The Dinesh Goswami commission in 1990 recommended
reforming the law to focus only on cases where the government’s liability is at
stake. Law commission and election commission of India also recommends the
reforms for anti-defection laws such as shifting the decision-making power from
the speaker. Hence, we can say that anti defection law helps in balancing
individual freedom with party discipline.
Judicial
Pronouncements
Kihoto Hollohon v. Zachilhu and ors. [14] -This
case was initiated through a combination of legal petitions, including the writ
petitions, Special Leave Petition, transfer petition and civil petition with
the motto of evaluating the constitutional validity of the 52nd amendment of
1985. This amendment demonstrated Tenth Schedule in the constitution, which is
commonly signified as the Anti-defection laws, fabricated to regulate the
defection of legislators from one political party to another. The 52nd
amendment resulted in the modification to several articles such as: 101(3)(a),
102(2), 190(3)(a), and 191(2).
The minority opinion ruled that the
amendment was unconstitutional[15],
asserting that it should allow the entities other than the assembly to
adjudicate the matters related to defection, such as the election commission,
governor or any tribunal. However, the majority opinion held that the
amendment, thereby ensuring its continued enactment. In the current context, it
appears that the minority opinion should be considered, advocating for the
formation of a decision-making body other than the assembly to facilitate
impartial actions avoiding personal bias.
Sharad Pawar v. Ajit Pawar[16] – In this case the major dispute lies
over the party and its symbol. Nationalist Congress Party NCP which managed to
win 53 seats in the 2019 assembly election and later on formed an alliance with
Shiv Sena and Congress known as Maha Vikas Aghadi MVA. The party had to face
vertical split after Sharad Pawar stepped down as the chief of the party his
nephew Ajit Pawar along with 41 MLAs supported the contemporary BJP and Shiv
Sena (Eknath Shinde) government. Later on a case was filed by Jayant Patil, a
senior party leader seeking the disqualification of Ajit Pawar and the rebel
MLAs. The three judges bench further issued a notice to the Ajit Pawar faction
proclaiming that the case will be heard along with disputes which are
correlated such Shiv Sena case which was still pending at that time. The final
judgement in this case was similar to that of Shiv Sena’s one in which the
Election Commission gave the party symbol clock to Ajit Pawar and Sharad Pawar
faction has to be satisfied with a new one. The court also held that the
decision of the speaker over defection of MLAs is subjected to his conscience
and his rejection for the disqualification process of such legislators is
justified.
Various political thinkers have come
up with the idea that two third members of a party may defect and this will not
lead to defection. Such an exempted clause makes it more complex for the
parties to fight even in the Supreme Court. Further the presiding officer which
is usually the speaker may act as per his/her bias which must not be the case.
Subhash Desai v. principal
secretary, governor of Maharashtra & ors[17]. - This case was filed regarding the
contest of disqualification process which was imposed by the deputy speaker on
the Shinde MLAS. As soon as Eknath Shinde along with his group of MLAs went
missing, the Thackrey group issued a notice and made them aware that the
disqualification process will start, to which the Shinde group filed a petition
in the Supreme Court and the court gave them a time of 12 days to reply which
in normal situation is 7 days. The Shinde group also provided a letter to the
Governor withdrawing their support from the existing Thackrey government and
the Governor then orders for the floor test which was further challenged by the
Thackrey group but the plea was rejected by the Supreme Court resulting in the
resignation of Uddhav Thackrey without facing the floor test. The Supreme Court
further in its judgement held that the speaker can’t start the disqualification
process when a resolution regarding his removal is pending[18].
The court further in its judgement held that the governor’s act of asking
Thackrey to pass the floor test was right further the court said that the
election commission will be deciding the transfer of symbol and party name and
thus the Shinde faction was given the political symbol bow and arrow and Uddhav
faction with a torch (Mashal).
Solutions
and recommendations
The present political landscape is
characterised by notable occurrences of defection within political parties,
which is undermining the democratic stability [19]and
leading to political crisis. The situation in Maharashtra serves as a pertinent
illustration of this phenomenon, prompting political theorists and legislators
to take measures to prevent similar events in future. To achieve this, it is
essential to amend existing laws strictly to create a deterrent effect on the
members of political parties elected to various assemblies. Prior to exploring
the potential solutions to mitigate defections, it is imperative to provide a
concise overview of the current defection laws outlined in the Tenth schedule
of the Indian Constitution, as well as to identify the existing loopholes
within these regulations.
1. Absence of Voter Influence – In a
democratic system, voters serve as the electors for their representatives,
aligning with specific ideologies that guide their voting behaviour.
Consequently, it is imperative that voters possess a voice in instances where
legislators choose to defect from their party affiliations.
2. Protracted Decision-Making – The
process of making decisions regarding defecting legislators is often protracted,
consuming considerable time. It is essential to streamline this process to
enhance efficiency.
3. Exceptions for Mergers [20]–
The existing defection law does not apply in cases where one-third of a party’s
legislators choose to defect, thereby creating a loophole that facilitates
defection.
The aforementioned loopholes
represent fundamental deficiencies in the current legislative framework
governing defections; furthermore, they encompass potential remedies that may
elicit a deterrent impact on the behaviour of representatives. Several of these
proposed solutions are delineated as follows –
1. Strengthening anti-defection laws –
There can be various measures for strengthening the defection laws. The very
first which can be done is making the decisions under defection time bound
there must be a limit over delivering decisions. Secondly the lawmakers may
think about transferring the power of deciding such cases [21]from
the speaker to any specific tribunal or any such judicial body, so that there
can be accountability and it will reduce the chance of any conflict of
interest. Also, one major thing which has to be amended is clarifying and
tightening the merger provision so that rebels can’t use it as a shield for
defection.
2. Ensuring electoral accountability – People
hold a great position in electoral politics and thus their reaction over such
defection must be noted and such mechanisms must be developed. Resignation by
defecting members and re-election on such seats must be done to ensure the
public mood.
3. Encouraging internal party democracy
– Internal party democracy is a must which has to be in every political party,
the parties are more often considered as a guarantor of democracy in the
country but they lack it in their own organisation. Many parties were established
and started by a single person or a group of two and they remain under that one
family dominance and familism becomes an obstacle for other deserving youth
leaders in the party to come up in the mainstream.
4. Re-evaluating the whip provision –
Political parties issue whip to the elected members of their party to ensure
that they are present and they are voting as per their direction. Parties must
revisit this informal way of giving direction, they must start giving a free
hand to the legislators on voting and supporting the laws as per their
intellect.
There can be many more such solutions
like educating the public and all but the major reform is to be done by the
political party themselves. They must unite their members and give a thorough
knowledge about the ideology and manifesto which the party provides and they
come up to the public, to which the public decides who to vote.
Conclusion
Defections in the political arena
undermine the democratic principle and public trust [22] in
elected representatives. This directly affects the participation of the public
in the electoral process. Defections also lead to detrimental effects on
governance, policy continuity and administrative efficiency by affecting the
government in power which is responsible for good governance of the state,
leaving the electorates disillusioned. Anti defection law was introduced to
address such defections in politics. While there are still certain legal and
ethical challenges, which needs to be acknowledged for stricter enforcement of
anti-defection laws and ethical accountability to deter opportunistic behaviour.
Voters' awareness can be used to deter the defections, the defected
representatives should be held accountable for betraying the public mandate and
the public should refrain from electing such representatives. Power stability
and power struggle among political parties exacerbate instability by giving
priority to power rather than public service. Leaders and representatives’
defects for power and personal greed. There should be certain systematic
reforms to address the loopholes in the current anti defection framework and
transparent political dealing. There were long implications of persistent
defections in Maharashtra and broader democratic fabric of India.
[1] Ujjwal Shukla,
ujjwalshukla020@gmail.com, 6307766847, 3rd year B.A. LL.B. Student
at Bharati Vidyapeeth New law college, Pune.
[2] Devansh Mishra, devanshmishrdev@gmail.com,
9151187435, 3rd year B.A. LL.B. Student at Bharati Vidyapeeth New
law college, Pune.
[3] Rangarajan
R., Understanding the Tenth Schedule, The Hindu Explained (January 17, 2024), https://www.thehindu.com/news/national/understanding-the-tenth-schedule-explained/article67746169.ece.
[4] Abhinay Deshpande, Devendra
Fadnavis back as Maharashtra CM, ‘to work together’ with deputies Eknath
Shinde, Ajit Pawar, The Hindu (December 07, 2024), https://www.thehindu.com/elections/maharashtra-assembly/devendra-fadnavis-returns-as-maharashtra-chief-minister-for-third-term-with-shinde-and-pawar-as-deputies/article68950262.ece.
[5] The Hindu Net Desk, Maharashtra
results 2019, As it happened, The Hindu (Oct. 25, 2019),
https://www.thehindu.com/elections/maharashtra-assembly/maharashtra-results-2019-live-updates-bjp-buoyed-by-exit-poll-predictions/article62125669.ece.
[6] Asim Ali, Deciphering
Maharashtra’s defections, its politics, The Hindu (July 15, 2023),
https://www.thehindu.com/opinion/lead/deciphering-maharashtras-defections-its-politics/article67081157.ece.
[7] Surendra P Gangan, the top five
defectors in Maharashtra politics who have changed multiple parties, Hindustan
Times (Apr 10, 2024), https://www.hindustantimes.com/india-news/the-top-five-defectors-in-maharashtra-politics-who-have-changed-multiple-parties-101712763783408.html.
[8] Chakshu Roy, Explained: In
Maharashtra drama, the key legal provision — anti-defection law, PRS research (Nov
24, 2019), https://prsindia.org/articles-by-prs-team/explained-in-maharashtra-drama-the-key-legal-provision-%E2%80%94-anti-defection-law.
[9] Gauri Kashyap, Maharashtra
Political Crisis: Are Party Defections and Party Splits the Same, SCO (22nd Jul
2022), https://www.scobserver.in/journal/maharashtra-political-crisis-are-party-defections-and-party-splits-the-same/
.
[10] Angad Chowdhary, Anti defection
laws with special reference to Maharashtra, IJLS, Volume II Issue V, 2583-0538(2022)
.
[11] Abhishek Bhushan Singh, The
Impact of Anti–Defection Law on the Legislatures, The Society For
Constitutional Law Discussion (Dec 23, 2021), https://www.tscld.com/the-impact-of-anti-defection-law-on-the-legislatures.
[12] Milan Vaishnav, Democracy and
defections, Volume 22, Issue 2, IJCL, Pages 400, (2024).
[13] Sumit Vashishtha & Dr. Bhoomanna Reddy, a critical
analysis of anti-defection laws in India, Volume 9, Issue 1, IJLS, Page 70, (2023).
[14] Kihoto Hollohon v. Zachilhu and ors, AIR 1992 SC 412
(1993) (per Justice L.M. Sharma, Justice M.N. Venkatachalliah, Justice Jagdish
SaranVerma, Justice K. Jayachandra Reddy, Justice S.C. Agrawal; concurring)
(India).
[15] Explained Desk, what is SC’s
‘Kihoto Hollohan’ judgment, and why is it relevant in the context of the crisis
in Maharashtra, The Indian Express (June 28, 2022), https://indianexpress.com/article/explained/explained-what-is-sc-kihoto-hollohan-judgment-maharashtra-political-crisis-7994384/.
[16] R. Sai Spandana & Joyston
D'Souza, Understanding the Shiv Sena Conflict, SCO (31st Mar 2023), https://www.scobserver.in/journal/understanding-the-shiv-sena-conflict/.
[17] Subhash Desai v. Governor of
Maharashtra SCC 2022, 607 SC (2023) (per Justice Dhananjaya Y Chandrachud,
Justice M R Shah, Justice Krishna Murari, Justice Hima Kohli, Justice
Pamidighantam Sri Narasimha; concurring) (India).
[18] Manu Sebastian, Maharashtra Speaker's
Decision in Shiv Sena Disqualification Case Negates Anti-Defection Law,
Contrary To Supreme Court Judgment, Live Law (11 Jan 2024), https://www.livelaw.in/articles/maharashtra-speakers-decision-shiv-sena-disqualification-case-anti-defection-law-supreme-court-judgment-246447.
[19] HM Seervai, Constitutional Law
of India: A Critical Commentary, Volume 3 (4th edn, Universal Law Publishing
1996).
[20] Shanthan Reddy, ‘Merger
Exception to Defection – Obstacle or Facilitator?’ (Law and Other Things, 21
January 2022) accessed 13 December 2023.
[21] Venkatesh Kumar, ‘Anti-Defection
Law: Welcome Reforms’ (2003) 38(19) Economic & Political Weekly accessed 28
August 2023.
[22] Vinod Kumar, Sharpen the
anti-defection law, strengthen democracy, The Hindu (October 26, 2024), https://www.thehindu.com/opinion/lead/sharpen-the-anti-defection-law-strengthen-democracy/article68796858.ece