Under the Tenth Schedule of the Indian Constitution, a merger of a political party is deemed valid only if:

The merger takes place at the level of the original political party, not just the legislative party.

The members joining the new party resign from their seats and seek re-election.

At least one-third of the members of the legislative party agree to the merger.

The Speaker of the House grants unilateral approval without consulting the Election Commission.

Daily

250 words

7/10
Rating

22 July 2026

Supreme Court hearing on Shiv Sena merger

The topic involves a significant legal interpretation of the Tenth Schedule of the Constitution, which is a core syllabus theme frequently tested in the context of the anti-defection law and the role of the Speaker.

Notes

The Supreme Court is considering an urgent plea challenging the Speaker's recognition of a merger involving six out of nine MPs from a legislative faction with a rival group.
The core legal contention involves the interpretation of the 'merger' provision under the anti-defection law (Tenth Schedule).
Arguments suggest that the anti-defection law's merger provision is being misused to facilitate horse-trading rather than protecting genuine intra-party dissent.
A key legal distinction is raised between a 'legislative party' merger and a 'political party' merger, with claims that the former is being used to bypass the requirement for the latter.
The judiciary is currently examining the constitutional implications of legislative party mergers, particularly regarding their impact on the democratic setup and the integrity of the anti-defection framework.

Part of a longer story

This is day 7 of 8 in Shiv Sena factional dispute and disqualification proceedings, which has been running since 22 June 2026. Reading it whole is usually worth more than reading today alone — the exam asks how something developed.

Questions

Discuss the constitutional challenges associated with the interpretation of 'merger' under the Tenth Schedule of the Indian Constitution. How does the distinction between a legislative party and a political party impact the efficacy of the anti-defection law? 150 words

Attempt this — 150 words in 8 min

0 / 150 words 8:00
The anti-defection law was intended to curb political instability, yet concerns persist regarding its misuse in the context of legislative mergers. Critically analyze the role of the Speaker in maintaining the sanctity of the Tenth Schedule and suggest reforms to prevent the subversion of the mandate of the electorate. 250 words

Attempt this — 250 words in 11 min

0 / 250 words 11:00

Prelims

Under the Tenth Schedule of the Indian Constitution, a merger of a political party is deemed valid only if:

Syllabus

Topics

Sources

SC to consider urgent hearing of Sena (UBT) plea against merger

250words.in · https://250words.in/daily/2026-07-22/supreme-court-hearing-on-shiv-sena-merger