Shiv Sena (UBT) leader Ambadas Danve said Birla’s decision to approve the merger of six MPs of the party with the rival Shiv Sena led by Eknath Shinde was illegal, and it will be challenged in court.
According to the tenth schedule of the Constitution, a party can merge with another party but not a group of legislators on their own, he said, adding that the dissident Shiv Sena (UBT) MPs could have formed a separate group.
“The approval is illegal. We will challenge the decision,” Danve said.
Speaker Birla’s nod
Lok Sabha Speaker Om Birla on Saturday (July 18) approved the merger of six Shiv Sena (UBT) MPs with the Shiv Sena led by Maharashtra Deputy Chief Minister Eknath Shinde and a separate seating in the House for the 20 rebel TMC lawmakers, who have joined a little-known party, NCPI.
With the merger of the six MPs, the strength of the Shiv Sena has gone up to 13 from seven. The TMC rebel group of 20 MPs will sit separately, away from the parent party.
There is no clarity on the status of the rebel TMC MPs’ demand to be recognised as part of the Nationalist Citizens Party of India (NCPI).
A denial and a warning
Sanjay Nirupam, former MP and a member of the Shinde-led Sena, claimed the merger did not violate the anti-defection law.
“All six MPs parted ways (with the Uddhav Thackeray-led Sena) within the complete constitutional and legal framework of the anti-defection law. Accordingly, the Lok Sabha Speaker has allowed the merger. We welcome the decision,” he said.
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Reacting to the development ahead of the Monsoon Session of Parliament, Rajya Sabha MP Kapil Sibal said the MPs who help the BJP garner a two-thirds majority, which would allow it to change the Constitution, would be “murderers of democracy” whose names would be written in black in history.
He also urged political parties to come together to thwart the ruling party’s efforts.
Sibal stresses importance of Monsoon Session
The Independent Rajya Sabha MP asserted that if the BJP is unable to garner a two-thirds majority in the Lok Sabha to get the Constitution amendment bills passed, it would not be in power in 2029; however, if it succeeds, the Opposition would never be able to come to power.
“I want to mention at this point how important this session of Parliament is. I say this in the context of what has been happening over the last few months, as to how 20 MPs of the Trinamool Congress broke away.
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“Allegedly, the MPs merged with another party because of the manipulation of interpretations by the BJP leaders, who think that Schedule 10, Paragraph 4 allows them to do it. Now they are sitting as MPs of that regional party, which had no presence in Parliament before,” Sibal said at a press conference on Saturday.
‘Target: Two-thirds majority’
The BJP has taken MPs from the Shiv Sena (UBT) and the Nationalist Congress Party (NCP), and is now trying to do the same with other parties, Sibal claimed, recalling how seven AAP Rajya Sabha MPs switched sides to the BJP, which had zero MPs from Punjab earlier.
“Why is this being done? Because they know how important this session is for the BJP. Why is it important? Because they believe that if you can buy off people, if you can ensure these kinds of defections, which are per se illegal, you can perhaps muster up the two-thirds majority pursuant to which they can do anything they want,” Sibal said.
‘They can do what they want’
The ruling party can then bring the Women’s Reservation Bill according to its will, and not as the Opposition wants, on the present strength of Parliament, Sibal said.
“They will then amend the Constitution the way they want because, with a two-thirds majority, you can amend any provision. They can do away with the basic structure (of the Constitution). They can do away with the parliamentary form of government. They can ensure that they continue in power in the years to come and never be thrown out of power,” Sibal said.
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“They can reduce the discretion of judges. They can bring laws to ensure that in the future, we have a completely committed judiciary. They can do what they want,” he added.
Sibal to join INDIA bloc meeting today
Sibal reportedly met Congress president Mallikarjun Kharge and discussed the upcoming Parliament session, including the reported changes in the Constitution amendment bill involving delimitation.
Kharge has also invited Sibal to the INDIA bloc meeting in Parliament on Monday, which the latter will reportedly attend.
The Monsoon Session of Parliament will commence on Monday (July 20) and continue till August 13.
The government is likely to table crucial legislations during the session, including a Constitution amendment bill to introduce delimitation and increase the number of Lok Sabha seats, besides one for the removal of the prime minister, chief ministers and Union ministers if they are jailed for 30 days or more on serious charges.
(With agency inputs)
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