BRIC Team reports: As many as 25 of the All India Anna Dravida Munnetra Kazhagam (AIADMK)’s 47 legislators voted in favour of the Tamilaga Vettri Kazhagam (TVK) government in the confidence vote moved by Chief Minister C. This has further deepened the crisis within the party that finished third in the recent Assembly election. The party’s general secretary, Edappadi K.
Palaniswami, and 21 of his supporters voted against the TVK government.A key question is whether the dissidents have incurred disqualification under the anti-defection law. Palaniswami is in an unenviable position. If he seeks the rebels’ disqualification, the move may lead to a formal split in the party, and may result in byelections that would lead to further marginalisation.
Background
On the other hand, even if he doesn’t, the other faction, led by former ministers S.P. Shanmugam, may gain the upper hand within the party structure. However, what stands in his favour is that the dissidents are in no position to save themselves from disqualification, as they do not have the requisite two-thirds’ strength to claim that they have merged with another party.
Key facts
- This has further deepened the crisis within the party that finished third in the recent Assembly election.
- The party’s general secretary, Edappadi K.
- Palaniswami, and 21 of his supporters voted against the TVK government.A key question is whether the dissidents have incurred disqualification under the anti-defection law.
- Palaniswami is in an unenviable position.
- If he seeks the rebels’ disqualification, the move may lead to a formal split in the party, and may result in byelections that would lead to further marginalisation.
What this means
The 2023 judgment of a Constitution Bench on related questions arising from the anti-defection law is also not in their favour. Editorial | Split wide open: On the AIADMK, Tamil Nadu politicsThe verdict in Subash Desai vs. Principal Secretary to the Governor, delivered in May 2023, deals squarely with the fate of dissident legislators who are numerically larger than the MLAs loyal to the original party leadership.
A key ruling in the judgment is that it is the political party and not the legislature party that appoints its whip and gives the direction to vote in a particular manner or abstain. Therefore, any claim by another faction that it has its own whip and its own direction to vote cannot be countenanced by the Speaker. The second principle in the judgment is that the numerical strength of respective factions is irrelevant.
