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SC to Hear Sena (UBT) Plea Challenging Speaker’s Approval of MPs’ Unilateral Merger Under Tenth Schedule

PolityHIGH
Target:MPSCUPSC GS-IISSC GATeachingPrelims HighMains MediumStatic GK Link
21 Jul 2026
~2 min
Source: The Hindu
Key Data:July 21, 20266 out of 9 MPsParagraph 4, Tenth ScheduleSubhash Desai vs Principal Secretary, Governor of Maharashtra (2023)
Bodies:Supreme Court of IndiaLok Sabha SpeakerShiv Sena (UBT)Shiv Sena (Shinde faction)
Practice MCQs from today's news ▸
What This Article Covers

1.SC agreed to urgently hear Shiv Sena (UBT) plea against LS Speaker's approval of six MPs' merger with rival Shinde faction.

2.Petitioner argues that 'merger' under Paragraph 4 of Tenth Schedule requires the original political party to merge, not just the legislative party.

3.A 2023 Constitution Bench in Subhash Desai case confirmed that 'original political party' and 'legislature party' are distinct concepts under the Tenth Schedule.

The Big Picture
Prelims · HighMains · Medium

The Supreme Court has agreed to urgently hear a plea by the Shiv Sena (UBT) faction challenging Lok Sabha Speaker Om Birla's approval of a 'unilateral merger' of six of its nine MPs with the rival Shinde faction. The case tests the interpretation of the Tenth Schedule (anti-defection law), specifically whether a merger can occur without the original political party merging.

Exam Lens

Quick Exam Facts From News

Date of SC HearingJuly 21, 2026 (agreed to hear urgently)
PetitionerShiv Sena (UBT) faction
RespondentLok Sabha Speaker Om Birla
Key Legal ProvisionParagraph 4, Tenth Schedule (Anti-Defection Law)
Landmark JudgmentSubhash Desai vs Principal Secretary, Governor of Maharashtra (2023)
Number of MPs Involved6 out of 9 Shiv Sena (UBT) MPs

1-Minute Revision

  • ›Date of SC Hearing: July 21, 2026 (agreed to hear urgently)
  • ›Petitioner: Shiv Sena (UBT) faction
  • ›Target this Data: July 21, 2026 - SC agreed to hear plea; 6 out of 9 MPs involved
  • ›Target this Nodal Body: Lok Sabha Speaker (Om Birla) - authority to approve mergers under Tenth Schedule
  • ›Target this Legal Point: Paragraph 4 of Tenth Schedule (merger provision) and Subhash Desai vs Governor of Maharashtra (2023) judgment

Mastered this topic? Test your knowledge with a full MCQ quiz.

Practice exam-style questions, track your score, and strengthen your recall.

Q1Static LinkageEasy

Which constitutional body is responsible for approving the merger of members of a legislature party under the Tenth Schedule?

Q2Statement-basedHard

Consider the following statements:

1. The Tenth Schedule was added by the 52nd Amendment Act, 1985.

2. Paragraph 4 of the Tenth Schedule allows a merger to be initiated by the legislature party alone without the original political party merging.

3. The 2023 Subhash Desai judgment confirmed that 'original political party' and 'legislature party' are distinct concepts.

Which of the statements given above is/are correct?

Q3Data-centricMedium

How many MPs of the Shiv Sena (UBT) faction were involved in the unilateral merger approved by the Lok Sabha Speaker?

Q4Application/ImpactMedium

What is the primary legal issue raised by the Shiv Sena (UBT) plea challenging the Speaker's approval of the merger?

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