14 of 28 Chief Ministers Face Serious Criminal Cases (Img: X)
New Delhi: The Supreme Court on Tuesday issued notice to the Lok Sabha Speaker’s office and 20 rebel Trinamool Congress MPs, who allegedly shifted their allegiance to the Nationalist Citizens Party of India (NCPI), following the Assemly elections in West Bengal in May this year.
The Bench of Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V Mohana sought response from the rebel MPs and the Lok Sabha Speaker on a petition filed by TMC MP Abhishek Banerjee seeking a time-bound decision on disqualification proceedings initiated against the MPs under the anti-defection law, putting the future of the lawmakers and the powers of the Speaker under judicial scrutiny.
Banerjee moved the Apex Court seeking directions to Lok Sabha Speaker Om Birla to expedite the proceedings on the disqualification petitions filed against the 20 MPs. He named the Lok Sabha Speaker, the Secretary General of the Lok Sabha and all 20 rebel MPs as respondents. The petitioner argued that prolonged inaction on disqualification matters creates uncertainty and weakens the effectiveness of the constitutional mechanism designed to prevent political defections.
The plea claimed that the MPs were elected on the TMC symbol but later merged with the NCPI, a move that the party has challenged under the provisions of the Tenth Schedule of the Constitution.
The Supreme Court proceedings have brought the constitutional role of the Lok Sabha Speaker into focus once again. Under the anti-defection law, the Speaker acts as the adjudicating authority in cases involving alleged defection by elected representatives. However, political parties have repeatedly raised concerns over delays in deciding such petitions.
The TMC has alleged that despite approaching the Speaker and seeking early action, no final decision was taken on the disqualification pleas. According to the petition, Banerjee had written to Speaker Om Birla on July 27 requesting urgent action on the matter. He later met the Speaker on August 12 and again sought an early decision, but the party claimed that no concrete step was taken.
The petition includes 20 TMC MPs as respondents in the case. The lawmakers named include Kakoli Ghosh, Sudip Bandyopadhyay, Satabdi Roy, Prasun Banerjee, Rachana Banerjee, Jagadish Chandra Barma Basunia, Partha Bhowmick, Arup Chakraborty, Deepak Dev Adhikari, Sayani Ghosh, Bapi Haldar, Md Abu Taher Khan, Kalipada Saren Kherwal, Asit Kumar Mal, June Maliah, Mitali Bag, Khalilur Rahaman, Mala Roy, Sharmila Sarkar and Yusuf Pathan.
The legal challenge now puts their parliamentary status under a cloud, as the Supreme Court’s eventual decision could determine whether they continue as Lok Sabha members or face disqualification.
The dispute is centred around the Tenth Schedule of the Constitution, commonly known as the anti-defection law, introduced to prevent elected representatives from changing political affiliations after winning elections.
The TMC’s legal argument is that the MPs secured their electoral mandate under the party’s banner and any subsequent political realignment should attract disqualification provisions. The party has maintained that strict enforcement of the anti-defection law is necessary to protect the democratic mandate of voters and prevent political instability.
The 20 MPs facing the proceedings are now at the centre of a major political and legal battle. Their future depends on how the Supreme Court views the delay in decision-making and the constitutional obligations of authorities handling disqualification petitions. The case has also intensified political discussions around party discipline, parliamentary ethics and the balance between legislative autonomy and judicial oversight.
