The Prime Minister of India Mr Narendra Modi has said that he is in touch with 40 lawmakers belonging to Trinamool Congress Party (TMC) and that they will quit the party once the LS elections are over and that this will bring down the West Bengal government. This seems to me to be a stark violation of the Anti-Defection Laws which were made to safeguard a democratically elected government from poaching of parliamentarians.

Could this statement from Modi be against the Anti Defection Law? Is he in violation of the Model Code of Conduct and can he be debarred from contesting the elections?

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    Can I please know the reasons for the close votes? Commented Apr 30, 2019 at 7:11
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    You ask whether he violated the law, and then state in your question that his actions are "a stark violation of the Anti-Defection Laws" so your question seems either to be an attack on this politician, or looking for speculation as to whether any action will be taken. The aim could maybe be edited into an on topic question, but as it stands this seems off topic for this site. Commented Apr 30, 2019 at 8:47
  • @CoedRhyfelwr Thank you. My question is will this admission be enough to book a case against him. Commented Apr 30, 2019 at 9:02
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    I edited the question to be less prejudging and more neutral and removed the speculative part. I hope this will prevent it from getting closed.
    – Philipp
    Commented Apr 30, 2019 at 9:49
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    @Philipp Thank you! This was what I was meaning to ask. Commented Apr 30, 2019 at 11:37

1 Answer 1


As far as I can tell, Modi didn't violate the Anti-Defection law, since that law doesn't cover politicians talking about defecting. It doesn't seem to matter whether one says they will defect or says that someone else said they will, it's just not covered.

However, the "40 lawmakers" he has been speaking to would violate that law if they go through with it... Unless "at least two-thirds of [the party's] legislators are in favour of the merger", in which case it's perfectly valid for them to "defect" en masse, since that's now a merger rather than individual defections. I don't know enough about Indian politics to know how many people would constitute 2/3rds, but I would suspect that 40 is above it.

Separately, the Model Code of Conduct doesn't cover anything related. The closest is I.4: "All parties and candidates shall avoid scrupulously all activities which are “corrupt practices” and offences under the election law", but all the examples deal with interfering with voters, and (as previously mentioned), there's nothing explicitly illegal about what Modi has done.

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    Thank You! TMC has a strength of 213 in an assemble with 295 seats. So 40 wouldn't quite cover it. Commented May 2, 2019 at 3:39
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    @NiteeshShanbog - Oh, yeah. Definitely not. Although Wikipedia says they only have 34 seats in the Lok Sabha, which is the election that is in question, so it could be he was referring to those? Although 40 is more than their total number of seats there, so who knows.
    – Bobson
    Commented May 2, 2019 at 3:50

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