Explained: What is anti-defecation law? How Eknath Shinde can escape disqualification?

Shiv Sena senior leader and Urban Development minister, Eknath Shinde, turned rebel against the Uddhav Thackeray-led MVA Government, terming it against Hindutva.

Maha Vikas Aghadi (MVA) government in Maharashtra has suffered setbacks one after another in form of Rajya Sabha, and recently Vidhan Parishad elections. BJP has edged out Sena in both the elections, winning all the contested seats in both the elections. Devendra Fadnavis-led Maharashtra Unit of BJP may make another move that can topple the MVA government in power after Eknath Shinde, considered to be the loyalist of Shiv Sena, has gone rebel against Uddhav Thackeray. Eknath Shinde went incommunicado yesterday after the announcement of the Vidhansabha elections where BJP won all the contested seats while MVA managed to win 5 of 6 seats.

Eknath Shinde has however pushed MVA into a dicey future when he has been camping with approximately 22 MLAs in Surat, Gujarat. The Shiv Sena loyalist from Thane will most probably merge with the BJP but will have to garner the support of 37 MLAs from Shiv Sena, as per the anti-defecation law. Shinde announced his rebellion moving through a Tweet.


“For Babasaheb’s thoughts and  Anand Dighe Saheb’s teachings, we have never and will never cheat for power,”

What is an Anti-defecation law?

Anti-defecation law in the Indian constitution punishes the MPs/MLAs from switching the parties. It was added as the Tenth Schedule in 1985. The law was mainly introduced to bring stability to the governments. As well as punish the legislator for switching from one political party to another.

How can Eknath Shinde escape the disqualification under the law?

In order to escape the punishment of the law. Eknath Shinde will have to garner additional support of overall 37 MLAs. Moreover, from Shiv Sena which is sitting in the Assembly with majority of 55 MLAs, merged with NCP and Congress. According to the law, 2/3rd members of the original party should favor Shinde in leaving the party to avoid disqualification. Shiv Sena will look to bring the camping leaders in Surat back under their hut of MVA to disqualify Shinde.