A new statutory chapter has been added to the history of Indian anti-defection law (10th Schedule) and parliamentary decorum. Taking prompt action on the disqualification petition filed against 20 rebel Lok Sabha MPs of Trinamool Congress (TMC), the Supreme Court has issued formal notices to all the rebel MPs concerned. The petition, filed by TMC national general secretary and parliamentary party leader Abhishek Banerjee, had sought directions to the Lok Sabha Speaker to take a timely and prompt decision on the disqualification applications pending before him. This stand of the bench led by the Chief Justice has created panic in the political circles of the country.
This entire legal dispute has its roots in recent political developments, where 20 Lok Sabha MPs of Trinamool Congress suddenly sought their independent identity in Parliament by claiming merger into a separate group (NCPI). The party's clear argument is that these MPs had won on the election symbol of Trinamool, hence joining any other political party or adopting a different stand is conduct worthy of termination of membership under the 10th Schedule of the Constitution. The party leadership had filed disqualification petitions before Lok Sabha Speaker Om Birla, but due to no decision on it for a long time, the apex court was finally approached.
During the hearing in the court, the bench clearly indicated that in parliamentary matters, it is very important to have time bound proceedings along with respect for the constitutional authorities. The apex court's observation—"The question is not merely of issuing notice, but of completing the proceedings within the stipulated time"—made it clear that justice should not be delayed. The Central Government's Solicitor General assured the court that the process has also been initiated at the Lok Sabha Speaker level, but the apex court directly seeking answers from 20 MPs underlines the seriousness of the matter.
Anti-defection law has always been a topic of discussion in parliamentary democracy. In the past too, it has been seen in many states and the Center that by postponing the decision on disqualification petitions, the expelled or rebel representatives continue to enjoy their posts for a long time. The Supreme Court taking up this matter on priority sends a message that the courts are now committed to curbing the practice of keeping defection petitions on hold indefinitely. This step is extremely important to maintain the sanctity of the mandate given by the people.
If analyzed holistically, this strict role of the Supreme Court can set an example in Indian politics. If the court sets a definite deadline for a timely decision, it will curb the tendencies of MPs and MLAs to switch sides in future also without fear of disqualification. The sword of disqualification hanging over 20 rebel MPs will not only change the equations of West Bengal politics, but will also help in ensuring complete transparency and accountability in the implementation of anti-defection law in the country.