Merger and Split of Political Party

Para 3 of the Tenth Schedule speaks of a split in original political party. In the first generation, it is none other than the party which has setup the member concerned for the election within the meaning of Clause (C) of Para 1 read with explanation (a) and (b)(i) in sub-para (1) of para2 of the Tenth Schedule. The Tenth Schedule nowhere speaks of split in the Legislature party. Para3 says that the Legislature party which eventually comes in existence must be an off-shoot of split in original political party outside the house and such group of legislature party shall command a strength of not less than 1/3rd of the members of the Legislature party as it constituted originally on the basis of election returns filed by members under rule 4(2) of the Disqualification rules1985, Clause (b) of para3 says that from the time of split such a faction namely the breakaway group from the original political party outside the house shall be deemed to be the political party to which he belongs for purposes of para 2(1) and it shall deemed to be his original political party for the purposes of the said paragraph.

It means, in the event of any further split in terms of para 3, the split must be in accordance of the breakaway faction of the original political party. It was criticised in some quarters that the political party need to be defined and certain conditions must lay down for its recognition for the purposes of Anti Defection law and para 2(1) of Tenth Schedule. Thus Supreme Court held that in the light of the above, there is no need for such a definition, the breakaway faction of the original political party is the political party for which the member belong within the meaning of Clause (b) of para 3. On the basis of rule (2) of the Disqualification Rules, 1985, the members who are elected on a party shall constitute the legislature party in the house and hence there is neither need nor any scope for recognizing the party.

Kashiya lal V. R.K.Trivedi

The Supreme Court observed that,

Till recently the Constitution did not expressly refer to the existence of political parties. But in the nature of democratic form of government it is implied their existence. Thus if the present system of government has to succeed then political parties should be there and also should be so profound that a change of administration would in fact is a revolution disguised under a constitutional procedure.

The formation of the Communist Party of India (CPI) in Tashkent has almost been 97 years. Today India has many communist parties and these parties don't have any footprints in electoral politics, as most of these parties formed out of splits. In 1920, at the time of formation of CPI, two prominent leaders, MN Roy and Ambani Mukherji, were started as friends soon after the formation became bitter enemies. Thu the incident of splitting in the communist party had started back in that era. The first major split came in 1964 when the CPI split into two factionsthe Communist Party of India and Communist Party of India (Marxist). The differences between the leadership intensified after Ajoy Ghosh's death and at the time of the Sino-Indian war. This led to formation of two groups i.e., leftist and rightist, also some centrist leaders were there. The battle between these two groups started from the very point of Rajya Sabha elections to party membership. At the time of seventh congress of the Communist party of India held in Kolkata, the CPI (M) was formed. The main reason behind the split was the question regarding which political line the party should follow. The leftists took a pro-Chinese stand while the rightist were in favour of the Soviet Union line. It resulted in damaging the communist movement badly, many supporters took retirement and performed poorly in the assemble elections in Andhra Pradesh. Even though the CPI (M) managed to win some state assembly elections but it lost its ground completely in states like Maharashtra.

SOME OF THE EXAMPLES OF POLITICAL PARTY SPLITS:

TELUGU DESAM:

On 10 March, 1992 the Telugu Desam Legislature party containing 13 members splitted. The leader, Vijayakumar Raju claimed in Lok Sabha that the party had split at a meeting of several hundred members of TDP. He also requested that the legislative party which he was duly elected may be recognised by the speaker and to allot separate seats. Thus on 12 March, 1992 the speaker recognised the split and their political party named as Telugu Desam (V). On 20 august, 1992 Vijayakumar Raju informed the Speaker about their merging with Congress parliamentary party and requested that their merger be agreed and seats be allotted along with members of congress. Thus on 24 august, 1992 the HMPA intimated in writing, that all the members of LS belonging to Telugu Desam had joined congress party in parliament.

NAGALAND PEOPLE's PARTY

Tiameran, President of Nagaland People's Council (Progressive) wrote a letter on 20 April, 1992 addressing to Speaker, intimating the split in Nagaland peoples council (NPC) a separate party viz. NPC (P) came into being, also stated that imchalemba had become member of NPC (P). On the same day a letter dated 9 April, 1992, was received from imchalemba confirming the same. Imchalemba was a lone member in LS from Nagaland representing Nagaland people's council (NPC) party at the time of constitution of the tenth lok sabha. The split was recognised by the Speaker and even imchalemba was recognised as the member of NCP (P) in the records of the party position in lok sabha. Subsequently imchalemba in his letter dated 29 july, 1992, addressed to the speaker informed him about his joining the congress. On getting confirmation from HMPA (also chief whip of the congress) and examining the matter, imchalemba was allotted a seat in the congress block of seats in lok sabha.

CONCLUSION

Whether it is fair to make a distinction between defection by individuals and defection by groups merely because the latter might follow or might for the sake of convenience be called split of a party or merger of parties particularly when motivations behind splits and mergers or group defections may not often be very different from those for defections. The split is a complex phenomenon. It may occur because of differences over policy and programmes, organisational principles, functioning and alignment of social forces within a political party. Betraying a party and the voters and thereafter joining those who purchased the member is what the public understand defection, But when the first half, if performed in the prescribed manner, will be recognised under a new label called splitting, and the consummation can be effected by what is called merger, whatever way it is done, defection gets the status of legalised perfidy.

Splits and mergers have frequently disrupted the compositions of political parties. This led to a number of disputes from past many years over which section of a divided party symbol, and how to classify the resulting parties in terms of national and state parties. The Election Commission has to resolve these disputes, although its decisions can be challenged in the courts.

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