If TMC splits, speaker's role key in recognising 'real party'

Key points

• NEW DELHI: As Trinamool Congress stares at its biggest crisis with a faction claiming the support of 58 of 80 MLAs, the role of the West Bengal assembly speaker will be decisive in recognising one camp as the "original party" - as happened in the case of Shiv Sena in Maharashtra.The Constitution's Tenth Schedule bars the "constitutional sin" of defection.
• After the deletion of 'Paragraph 3' from the schedule in 2003, the defence of 'split' is no longer available to members facing disqualification proceedings.
• Hence, in cases where a split has occurred in a political or legislature party, neither faction can validly claim they are the "original party" in the event that each files a petition for disqualification of the other's members.While hearing Shiv Sena's plea, Supreme Court had said, "Regardless of the defence available to members who face disqualification proceedings, the speaker may be called upon to determine who...