A purported move by a group of rebel Trinamool Congress (TMC) Lok Sabha MPs to seek recognition as a separate bloc in Parliament could face significant constitutional and legal challenges, according to former Lok Sabha Secretary General P. D. T. Achary. His remarks came after a letter reportedly bearing the signatures of 19 TMC MPs and addressed to Lok Sabha Speaker Om Birla surfaced publicly, triggering speculation about a possible split within the party.

The development has drawn comparisons with political realignments seen in Maharashtra in recent years. However, Achary argued that the anti-defection provisions contained in the Tenth Schedule of the Constitution do not permit a group of legislators to gain recognition as a separate faction merely because they command the support of two-thirds of a legislature party. He noted that the provision that once protected breakaway groups was removed through the 91st Constitutional Amendment in 2003.

According to Achary, the anti-defection law now provides protection only in cases where a political party formally merges with another party and certain constitutional conditions are fulfilled. He emphasised that the numerical strength of a dissident group, even if it exceeds two-thirds of the legislature party, does not automatically shield members from disqualification proceedings. In such circumstances, a valid merger involving the original political party would be required.

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The constitutional expert also clarified that the role of the Lok Sabha Speaker would arise only if the parent party sought action against the rebel members. He stated that the authority to appoint the leader of a parliamentary party rests with the original party leadership and that any attempt by dissident MPs to independently designate a leader could face legal scrutiny. In the case of the TMC, he said, such authority remains with party chief Mamata Banerjee.

Achary further pointed out that disputes over the identity of a political party ultimately fall within the jurisdiction of the Election Commission of India. Referring to the Supreme Court’s 2023 judgment in the Subhash Desai vs Principal Secretary, Governor of Maharashtra case, he said legislative strength alone cannot determine which faction constitutes the real party. Both organisational and legislative support must be assessed before any decision is made regarding party recognition and symbols.

The controversy follows reports that 19 TMC Lok Sabha MPs, including prominent figures such as Satabdi Roy, Yusuf Pathan and Saayoni Ghosh, are associated with the purported letter. While the authenticity and implications of the document remain under discussion, political observers expect the issue to remain in focus as questions over party unity and parliamentary strategy continue to unfold.

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