New Delhi: The Supreme Court on Monday sought a response from the Central Government regarding a petition filed by independent Rajya Sabha MP and senior advocate Kapil Sibal. The petition challenges the interpretation of the Tenth Schedule of the Constitution, which allows legislators to avoid disqualification under the anti-defection law by merging their political party with another.
A bench comprising Justices PS Narasimha and Alok Aradhe issued a notice to the Centre regarding Sibal’s petition, noting that Parliament might need to consider several issues raised in the matter.
Sibal argued that this issue could have a “huge impact on our politics.” He pointed out that this provision could transform a minority party into a majority party, or vice versa. The bench observed that the Tenth Schedule, which regulates defection by legislators, was enacted by Parliament, and it is the legislature’s prerogative to determine the appropriate course of action regarding it.
Kapil Sibal also Informed the Court that a Similar case concerning the Defection of Legislators in Goa
Kapil Sibal also informed the Court that a similar case concerning the defection of legislators in Goa is currently pending before the Supreme Court. Consequently, the bench tagged his petition with the Goa case. Sibal filed the petition in his personal capacity, seeking a reconsideration of the interpretation of Paragraph 4 of the Tenth Schedule, which deals with disqualification in cases of merger.
The petition seeks clarity on whether the existing interpretation of the merger provision allows for the composition of Parliament and state assemblies to be altered without triggering disqualification under the anti-defection law.
Sibal had sought an urgent hearing for his petition on July 22, arguing that the matter concerns how the composition of Parliament could change under the current interpretation of the Tenth Schedule. This petition has been filed in the wake of recent instances where legislators switched parties by invoking the merger provisions of the anti-defection law. It cites examples of MPs from the Aam Aadmi Party, Trinamool Congress, and Shiv Sena (UBT) joining the BJP and other political parties.
The Tenth Schedule was introduced via the Constitution (Fifty-second Amendment) Act, 1985, to curb political defections by elected representatives. Paragraph 4 provides an exception to disqualification in cases where a political party merges with another and the conditions stipulated under the provision are met.
