Abhishek Banerjee Files Disqualification Pleas Against Rebel MPs

by Rachel Morgan News Editor

Trinamool Congress (TMC) leader Abhishek Banerjee met Lok Sabha Speaker Om Birla on Friday to submit 20 formal disqualification petitions against party MPs who have declared a merger with the Nationalist Citizens Party of India (NCPI). The rebel group, comprised of 20 Lok Sabha members, intends to support the BJP-led NDA coalition, a move that would make the NCPI the second-largest bloc within the governing alliance.

Did You Know? The Nationalist Citizens Party of India (NCPI) is a registered but unrecognized political party with the Election Commission, one of 2,049 such entities that have not met the specific poll performance thresholds required to gain formal recognition.

How the merger impacts parliamentary standing

The defection of 20 TMC members significantly alters the composition of the Lok Sabha treasury benches. According to the reported figures, the NCPI now holds 20 seats, positioning the party behind the BJP with 240 seats, but ahead of the Telugu Desam Party (TDP) with 16 and the Janata Dal (United) (JDU) with 12. The rebel MPs have formally requested that Speaker Om Birla reassign their seating from the opposition side of the House to the treasury benches.

How the merger impacts parliamentary standing

The legal arguments behind the disqualification

Abhishek Banerjee, the nephew of former West Bengal Chief Minister Mamata Banerjee, stated that he submitted 21-page petitions for each of the 20 members, citing relevant judgments and media reports to support his case. Banerjee expressed his expectation that the Speaker would act as the “custodian of the House” and operate strictly within the provisions of the Constitution. Conversely, Sudip Bandyopadhyay, an experienced six-term MP representing the breakaway group, argued that the merger aligns with the Tenth Schedule of the Constitution. Bandyopadhyay noted that the law permits a merger if two-thirds of a party’s members join another, and he indicated the group may approach the Election Commission to stake a claim as the “real TMC.”

Expert Insight: The Tenth Schedule and the split vs. merger debate

Expert Insight: The legal tension here centers on the interpretation of the Tenth Schedule. While the Supreme Court’s 2022 judgment regarding the Shiv Sena division emphasized that the law does not recognize a “split,” it does provide an exception for a merger involving at least two-thirds of a party’s legislative members. With the TMC holding 28 seats in the Lok Sabha, the rebels’ count of 20 members puts them one seat above the required two-thirds threshold, setting the stage for a complex constitutional challenge regarding the validity of their new party affiliation.

Expert Insight: The Tenth Schedule and the split vs. merger debate

What happens next

The Speaker’s office is now tasked with reviewing the petitions submitted by Banerjee, which could determine the legal status of the 20 rebel MPs. There are indications that the political shift may extend beyond the Lok Sabha; reports suggest that 19 members were physically present at a meeting with Union Minister Bhupender Yadav, and that one additional member has pledged support. Furthermore, there is the possibility of additional resignations from TMC Rajya Sabha members, three of whom have already departed the party.

Abhishek Banerjee to meet LS Speaker Om Birla over 20 rebel TMC MPs' merger with NCPI

Frequently Asked Questions

What is the basis for the disqualification petitions?
Abhishek Banerjee submitted 20 petitions arguing that the MPs violated the law by merging with the NCPI, citing constitutional provisions and relevant legal judgments.

How many MPs are involved in the breakaway group?
There are 20 Lok Sabha members who have informed the Speaker of their merger with the NCPI and their intention to support the BJP-led NDA.

What is the current status of the NCPI?
The NCPI is a registered but unrecognized party with the Election Commission, having failed to meet the necessary poll performance thresholds for recognition.

How will the Speaker’s decision on these petitions influence future party defections in the Lok Sabha?

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