Bombay HC seeks Centre’s reply to PIL against constitutional provision allowing defection in case of merger of parties

As per the provision, members of the legislature are exempted from disqualification if two-third members of a legislative party consent to merge with their party another political party.

The court asked the petitioner, social activist and media and marketing professional Meenakshi Menon (64), founder of the NGO Vanashakti, to file a rejoinder, if any, within two weeks after the centre’s reply. It will hear the petition after eight weeks.

The petition cited the “intense political heat” that Maharashtra has witnessed since the 2019 Assembly elections, referring to the 2022 split in the Shiv Sena led by Chief Minister Eknath Shinde and the recent rebellion in the NCP led by Deputy Chief Minister Ajit Pawar.

The petition called paragraph 4 to be in violation and contravention of the “basic structure” of the Constitution, which restricts the power of Parliament or the legislature to alter the fundamental features of the Constitution. The doctrine is a form of judicial review that courts use to test the legality of any legislation.

Advocates Ahmed Abdi and Eknath Dhokale, for the petitioner, submitted that while voters give their votes to a particular party, legislators are being traded and that the loophole for defection needs to be sealed. Abdi argued, “It is happening every day and joining another party for the lure of office or money and voters not taken into confidence. The one-point programme is to capture power by hook or crook.”

The petition sought a declaration that defecting legislators are not entitled to participate in House proceedings or hold any constitutional post until and unless the issue relating to their disqualification is decided.