Exploring the Role of Legal Fiction in Party Mergers

Henry Maine characterized legal fiction as a mechanism through which law evolves in response to shifting societal norms. In India, a pivotal ruling from 1955 clarified the boundaries of legal fiction, an interpretation recently reaffirmed by the Supreme Court in March 2023. This ruling highlights ongoing gaps in the applicability of legal principles to issues surrounding defections, particularly in the context of political party loyalty and the constitutional framework governing legislative assemblies. The Supreme Courts stance indicates that while legal fiction can facilitate adaptation, its integration into existing laws regarding defections remains incomplete, prompting discussions on the necessity for legislative reform to address these challenges.