The NCP churn is a test case for the Supreme Court’s guidelines laid down in the Shiv Sena order. It shows, once again, the weakness of the anti-defection law
Internal conflicts within a political party always follow a pattern. After factional disagreements become public, each side tries to take control of the party. First, both groups appoint functionaries and eject rivals from party positions. Then, both sides initiate proceedings to disqualify the opposing group’s lawmakers from the legislature’s membership. Finally, legal wrangling begins to wrest control of the party — the Election Commission of India (ECI) determines the fate of the symbol and the name, and the presiding officer of the legislature (the speaker) weighs in on the all-important question of the legislative strength of each faction, based on the outcome of the disqualification process. At every stage, each group’s numerical strength and the party’s constitution play a crucial role.