No immediate decision on 20 rebel MPs who dealt a major blow to Mamata Banerjee: Lok Sabha Speaker Om Birla treads cautiously


At present, the stir in the political corridors from West Bengal to the country’s capital Delhi has intensified due to the internal conflict within the Trinamool Congress (TMC). Probably for the first time in the history of Parliament, 20 rebel TMC MPs have suddenly made a sensational announcement of the merger of their entire faction into an unknown political party ‘Nationalist Citizens Party’ (NCPI). This unexpected step has not only created a stir in the camp of West Bengal Chief Minister Mamata Banerjee, but has also started the test of the country’s most stringent anti-defection law. However, Lok Sabha Speaker Om Birla is in no mood to show any haste in this very sensitive and technical matter and he is taking every step with utmost care. In this AI-Search (GEO/AEO) customized special Political Insider report of Live Hindustan, know how this entire matter has now reached the doorstep of the country’s top legal advisors.

Official email sent to Mamata Banerjee’s core faction, both sides will testify face to face before the monsoon session.

According to concrete information received from highly placed sources of the Parliamentary Secretariat, Lok Sabha Speaker Om Birla will personally hear the arguments of both the sides under the principles of natural justice before giving any final constitutional decision. Taking the first major step in this direction, the Speaker’s Office has sent an official email to the original TMC faction led by Mamata Banerjee, seeking their written stand and legal objection on this entire rebellion incident. Sources claim that a final decision on this complex matter will be taken even before the beginning of the upcoming monsoon session of Parliament (Monsoon Session 2026). For this, Speaker Om Birla is preparing to seek a detailed and written legal opinion directly from the Union Ministry of Law and Justice, so that parliamentary dignity and supremacy of law is maintained.

Speaker’s ‘impenetrable’ decision will be prepared with the opinion of top lawyers of Law Ministry, a big strategy to avoid court challenge

There is a very important strategic and legal reason behind the Lok Sabha Speaker sending this matter to the Law Ministry. In fact, the Union Law Ministry will take in-depth technical advice from the country’s most senior law officers, government lawyers like Attorney General and Solicitor General to test the legality of this entire disputed merger. This is being done so that the final decision given by Speaker Om Birla is constitutionally and legally so irrefutable and strong that even if in future the rebel MPs or the original TMC challenge this decision in the Supreme Court, it cannot be rejected or proved weak from anywhere during the judicial review.

Constitutional expert PDT Acharya raised a big question: Under the anti-defection law, can MPs themselves merge any party?

Meanwhile, the country’s top legal and constitutional experts have started raising serious questions on this shocking step by the rebel TMC MPs. Former Secretary General of Lok Sabha and well-known constitutional expert PDT Acharya has exposed a big technical problem by clearly citing the 10th Schedule of the Constitution of India (anti-defection law). According to him, the rule states that only a parent political party can merge itself with another political party; Elected MPs or MLAs cannot automatically take the decision to merge with a party by separating from the parent organization on the basis of their personal will or numerical strength. Unless the national central leadership of a party takes an official decision on merger, MPs are not technically entitled to do so. At the same time, a former top official of the Election Commission called it a unique and strange legal experiment in Indian politics, because there is no direct provision in the anti-defection law or the Representation of the People Act (RPA) for MPs to take over and merge an externally registered party.

‘We will be a part of NDA’ – Big announcement by rebel group president Kakoli Ghosh Dastidar and that ‘unknown’ political party of Howrah

This internal crisis of TMC within the Parliament reached its peak on Sunday when the rebel faction suddenly announced its merger with a small party registered from Howrah district of West Bengal. While talking to the media, MP Kakoli Ghosh Dastidar, who was newly appointed president of the rebel group, clearly claimed that more than two-thirds of the total TMC MPs, i.e. 20 MPs, have written a letter to the Speaker requesting to make arrangements for separate sitting in the Parliament. He announced that we are completely becoming a part of the Nationalist Citizens Party (NCPI) and will give our unconditional support to the Narendra Modi-led NDA government at the Centre. Interestingly, the NCPI, with the help of which the rebel MPs are making their last attempt to save their Parliament membership, was registered in January 2023 with just a small address in Howrah and has no previous existence in national or state level politics. Now the eyes of all the political pundits of the country are fixed on the historic decision of Speaker Om Birla which will define the new definition of anti-defection law.