Vicky Nanjappa

Journalism for Vertebrates®

What is taking Shinde so long? The law of merger under the Tenth Schedule

New Delhi, Jun 28: The Maharashtra political crisis has blown out of proportion and the Maha Vikas Aghadi government is all set to lose power in the all important state. Rebel MLA, Eknath Shinde has claimed the support of 50 of the 55 MLAs that the Shiv Sena has.

While Shinde’s faction needed 37 MLAs to dodge the Anti-Defection law one must also read Pargraph 4(2) of the Tenth Schedule of the Constitution which deals with mergers. It says only when two-thirds of the members agree to merge the party would they be exempt from disqualification.

Political parties have long argued that a state unit of a national party cannot be merged without the party being merged at the national level. The Tenth Schedule says that a merger of the party means merger of a legislative party of that House and in this case Maharashtra.

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