Supreme Court Asks Speaker To Expeditiously Decide Disqualification Of 20 Rebel TMC MPs

The Supreme Court on Wednesday asked Lok Sabha Speaker to expeditiously decide petitions seeking the disqualification of 20 rebel Trinamool Congress (TMC) MPs under the anti-defection law.

A Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana was hearing a plea filed by TMC general secretary and Lok Sabha MP Abhishek Banerjee, who sought an early decision on the disqualification petitions.

The Court noted that nearly three months had passed since the petitions were filed and described the delay as a “red flag”. Justice Bagchi referred to the potential repercussions of the pending proceedings for other proceedings as well as the democratic process.

Senior Advocate Kalyan Banerjee, appearing for Banerjee, urged the Court to ensure that the proceedings were concluded expeditiously. He relied on the Supreme Court's 2020 judgment in Keisham Meghachandra Singh v. Speaker, Manipur Legislative Assembly, in which the Court had indicated that disqualification petitions should ordinarily be decided within a reasonable period, with three months suggested in the absence of exceptional circumstances.

Solicitor General Tushar Mehta, appearing for the Speaker, opposed the fixing of a judicial deadline, submitting that the Speaker was exercising a constitutional function and that the MPs had to be given an adequate opportunity to respond. "Please don't take it [otherwise] but does a constitutional authority need to be 'reminded'?" SG asked.

Court suggested that the matter should be resolved expeditiously and asked the Solicitor General to explore and provide a timeline. The rebel MPs, represented by Senior Advocate NK Kaul, stated that they would file their replies within four weeks. 

In August, the Supreme Court had issued notice in Abhishek Banerjee's plea seeking an expeditious decision by Speaker Om Birla on petitions seeking disqualification of 20 rebel party MPs who have aligned themselves with the Nationalist Citizens Party of India (NCPI). A CJI Surya Kant led bench was informed by Solicitor General Tushar Mehta that the Speaker has issued notices to the rebel MPs.

Banerjee, in his plea, challenged the alleged delay in deciding the disqualification proceedings initiated against the MPs. The TMC leader has sought directions for the speaker to decide the disqualification petitions in accordance with the anti-defection provisions of the Constitution. He had earlier submitted separate petitions against the 20 MPs and subsequently urged the speaker to expedite their disposal.

The dispute follows a rebellion within the TMC parliamentary party after 20 of its Lok Sabha MPs announced that they had joined or merged with the NCPI, a Tripura-based political outfit, and sought separate recognition in the House. The rebel MPs have subsequently been treated as an NCPI group in Parliament and have participated in NDA parliamentary activities.

Notably, the supreme court is also seized of a petition filed by Senior Advocate Kapil Sibal challenging the interpretation of the Tenth Schedule to the Constitution, which permits legislators to avoid disqualification under the anti-defection law by claiming protection under the political party merger provision. Sibal had moved a petition before the Supreme Court raising concerns over law against political defection is being rendered ineffective.

Sibal mentioned his plea before a Bench led by Chief Justice of India Surya Kant. "What is happening in this country? If this continues, 10th Schedule will become...There is a another plea listed," Sibal had said. Sibal had told court that the Parliament is being altered by these so called political mergers. The plea has challenged an interpretation of the Tenth Schedule which allows splinter groups to escape the anti-defection law by adopting the route of merger.

What is the Tenth Schedule?

The 10th Schedule of Indian Constitution, added through the 52nd Amendment in 1985, is the Anti-Defection Law. This law was brought in to curb political defections, a growing problem at the time and to ensure elected representatives remained loyal to the party on whose ticket they won.

Originally, the Tenth Schedule recognised a 'split' in a legislature party if at least one-third members formed a new group or joined another party. But, after the 91st Amendment which came into force in 2004, the law recognises a 'merger' that requires at least two-third members of a legislature party to join another one or form a new one without falling foul of the anti-defection law.

Case Title: ABHISHEK BANERJEE Vs HONBLE SPEAKER LOK SABHA

Bench: CJI Kant, Justice Bagchi and Justice Mohana

Hearing Date: September 23, 2026