Claim
Under the anti-defection law in the Tenth Schedule of the Constitution, a party's rebel faction gets recognition only if two-thirds of the MLAs or MPs are with the rebels.
“संविधान की दसवीं अनुसूची में दल बदल कानून के तहत किसी पार्टी के बागी गुट को मान्यता तभी मिलेगी जब दो तिहाई विधायक या सांसद बागी के साथ होंगे।”▶ Watch source segment
Rationale
The two-thirds figure is correct for the merger exception that survived the 91st Amendment (2003), which deleted the earlier one-third 'split' provision. But the Tenth Schedule does not give a rebel faction 'recognition' upon reaching two-thirds; two-thirds only protects members from disqualification when they formally merge with another party, and mere numbers without a merger are still disqualified (per the Supreme Court's Shiv Sena ruling). Recognition of which group is the genuine party/symbol is decided by the Election Commission under the Symbols Order, not the anti-defection law. The claim mixes a correct number with an inaccurate mechanism, making it misleading.
Evidence
- https://prsindia.org/theprsblog/the-anti-defection-law-explained PRS Legislative Research: disqualification is avoided in case of a merger, which needs two-thirds of the legislature party to agree; explains the Tenth Schedule protects merger, not a 'faction'. ✓ reachable · archived
- https://en.wikipedia.org/wiki/Anti-defection_law_(India) The one-third 'split' exemption was deleted by the 91st Amendment (2003); only a two-thirds merger exception now avoids disqualification. ✓ reachable · archived
- https://www.drishtiias.com/daily-updates/daily-news-analysis/anti-defection-law-and-merger-clause-constitutional-validity Two-thirds threshold applies to the merger clause; the 'twin test' requires a formal merger of the original party plus two-thirds of legislators — numbers alone do not confer legitimacy. ✓ reachable · archived