Maharashtra crisis: Eknath Shinde needs support of 37 to avoid anti-defection law; What is it?

The disqualification of MLAs or MPs is carried out in accordance with the Anti-Defection Law, which was enacted to prevent the 'Aaya Ram, Gaya Rama syndrome.' In Maharashtra, Shinde will need the support of 37 MLAs to escape disqualification procedures under the defection statute.

Maharashtra crisis Eknath Shinde needs support of 37 to avoid anti defection law What is it gcw

In a big blow for the Uddhav Thackeray-led Maharashtra government, top Shiv Sena leader Eknath Shinde and numerous Shiv Sena MLAs have gone missing. According to earlier reports, at least 12 MLAs were with Shinde in a Surat hotel, but the number has grown with recent developments.

The disqualification of MLAs or MPs is carried out in accordance with the Anti-Defection Law, which was enacted to prevent the 'Aaya Ram, Gaya Rama syndrome.' In Maharashtra, Shinde will need the support of 37 MLAs to escape disqualification procedures under the defection statute.

What is Anti-Defection Law?
Individual MPs or MLAs who desert from one political party to another are punished under the anti-defection statute. It does, however, allow a group of MPs or MLAs to unite with another political party without incurring the defection penalty. It makes no distinction between parties that encourage or welcome defecting legislators.

Also Read | Who is Eknath Shinde, the Sena minister posing a threat to Maharashtra government?

The legislation was adopted to the Constitution as the Tenth Schedule by Parliament in 1985, with the goal of restoring stability to governments by deterring MPs from changing political parties. This rule was enacted after numerous state administrations were deposed by party-changing MLAs following general elections in 1967.

What will happen next?
According to the anti-defection statute, the Minister and his supporters will need the support of 37 MPs to split the Shiv Sena. They will establish a separate group led by Shinde, who is anticipated to send a letter to the Governor soon.

Also Read | Maha Political Turmoil: Sena minister Eknath Shinde rebels with 12 MLAs

Following that, the Governor will ask the Maharashtra Chief Minister to demonstrate majority on the floor of the parliament. If the CM is dubious about proving majority, he will resign in order to avoid defeat on the floor of the house.

Later, the Governor may request that the BJP submit a letter with the backing of lawmakers, after which a new CM will be sworn in. The governor will also want him to demonstrate the majority on the House floor.

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