The decision made by the rebel MPs of the Trinamool Congress (TMC) to merge with the little-known Nationalist Citizens Party of India (NCPI) might not be a foolproof way of avoiding disqualification under the anti-defection law, but it can allow them to vote in the Lok Sabha, pending a decision from the Speaker in case the TMC files a petition seeking their disqualification.

With sources in the government indicating that the Centre is likely to bring the Constitution (One Hundred and Thirty First Amendment) Bill, 2026 or the Delimitation Bill as early as the monsoon session of Parliament, which is likely to begin in mid-July, it becomes crucial that this bloc, which has promised support to the National Democratic Alliance (NDA) gets to vote when the said Bills are taken up. In April, the government had fallen short of the two-thirds majority required for its passage.

On Sunday (June 14, 2026), the rebel TMC camp, led by Lok Sabha MP Kakoli Ghosh Dastidar and Sudip Bandopadhyay, had approached Speaker Om Birla, submitting the names of 20 MPs who make up two-thirds of the TMC Parliamentary Party in the House, that they would be merging with the West Bengal-based NCPI.

However, experts say that, according to the 10th Schedule of the Constitution, better known as the anti-defection law, MPs alone cannot decide on a merger, which has to be carried out at the level of the party. However, till the Speaker gives a ruling, the MPs can vote in any Bill which is taken up as part of government business.

“Under the 10th Schedule, only the original political party can merge with another party, and thereafter the MPs or MLAs can make a claim that their original party has merged, and they agree to that merger, and have become members of that party. Thus, MPs alone cannot merge with any other party. However, till the Speaker gives any ruling, these MPs can vote in favour of any Bills which are taking up as part of the legislative business,” according to former Lok Sabha Secretary General and constitutional law expert P.D.T. Achary.

The authority to decide disqualification complaints rests solely with the Speaker or Chairperson of the respective House. Their decision is final. However, it can be challenged in the courts.

The Mamata Banerjee-led TMC is yet to file a disqualification petition with the Speaker’s office.

The move to merge helps the rebel bloc avoid a long process, which would have ensued in case they had approached the Election Commission of India (EC), and staked claim to be the ‘real Trinamool Congress’, especially in view of the Supreme Court judgment in the case of the Shiv Sena’s split in Maharashtra.

The rebel MPs seem to have chosen to merge with the NCPI to secure immediate parliamentary recognition as a separate bloc rather than fighting a long-drawn symbol battle as, under Para 15 of the Symbols Order, the EC relies on the strict legal framework of the 1971 Sadiq Ali ruling.

This formula tests three things — the party’s objectives, its legislative majority, and its organisational majority — a process that can turn out to be long-drawn.