Senior lawyer Mahesh Jethmalani said a merger backed by two-thirds of legislators is legally valid under India's anti-defection law.
This legal interpretation is critical for rebel members of the Trinamool Congress (TMC) seeking to avoid disqualification from their legislative seats while shifting political allegiances in West Bengal.
Jethmalani said the anti-defection law provides a "safe harbour" from disqualification if the merger meets the specific numerical threshold [1]. According to the legal framework, a merger is considered valid if it is supported by two-thirds [1] of the legislators involved.
In the context of current political shifts, Jethmalani addressed the possibility of TMC rebels merging with the Nationalist Congress Party (India) [NCP(I)]. He said that while this route can shield legislators from losing their seats, it comes with a significant loss of party branding [2].
"Once leaders merge with another party, they cannot claim TMC identity or symbol," Jethmalani said [2].
The legal mechanism allows legislators to move en masse to another registered party without triggering the penalties typically associated with defection. However, the law ensures that the original party's identity remains protected, meaning the rebels cannot take the TMC name, or its electoral symbol, with them to the new organization [2].
This distinction separates a legal merger from individual defection. While individual members who leave their party without a sanctioned merger face immediate disqualification, a collective move meeting the two-thirds requirement creates a legal bypass [1].
“A merger backed by two‑thirds of legislators is legally valid under the anti‑defection law”
The application of the two-thirds rule allows a significant bloc of legislators to change party affiliation without risking their seats, effectively shifting the balance of power in a legislature. However, by forfeiting the party symbol and identity, the rebels acknowledge that the legal entity of the original party remains intact, preventing a complete takeover of the party's brand through the merger process.
