Kapil Sibal challenges anti-defection law, Supreme Court sends notice to Center seeking reply

New Delhi. The Supreme Court on Monday sought a response from the Center on Kapil Sibal’s petition challenging the interpretation of the 10th Schedule of the Constitution. Let us tell you that under this schedule, by adopting the path of merger with a political party, MLAs are saved from disqualification under the Anti-Defection Law. Let us tell you that this petition has been filed by senior lawyer Sibal himself as a party.

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SC notice to Center

The bench of Justice PS Narasimha and Justice Alok Aradhe has issued notice to the Center on Sibal’s petition. It has been said in this notice that Parliament may need to consider many issues raised in this matter. Sibal has argued that this issue can have a huge impact on our politics. He said that due to this interpretation a minority party can become a majority party or a majority party can become a minority.

What did the Supreme Court say?

The bench said that the Tenth Schedule, which controls defection of MLAs, was made by the Parliament and it is the job of the legislature to decide the correct method for it. Sibal also told the court that a similar case related to defection of MLAs in Goa is pending in the Supreme Court. After this the bench linked Sibal’s petition with the Goa case.

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Demand for clarity of law

The petition sought clarity on whether the merger provision under the current interpretation allows changes in the constitution of Parliament and state legislatures without triggering disqualification under the Anti-Defection Law. Sibal had sought immediate hearing on his petition on July 22. He had said that this matter is related to how the constitution of Parliament can change under the current interpretation of the Tenth Schedule?

Why was there a need?

This petition has been filed following recent incidents in which MLAs have switched parties using the merger provision under the anti-defection law. There is mention of MPs from Aam Aadmi Party, Trinamool Congress and Shiv Sena (UBT) joining BJP and other political parties.

What does the law say?

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The Tenth Schedule was enacted through the Constitution (52nd Amendment) Act, 1985, to prevent defection by elected representatives. Paragraph 4 provides for exemption from disqualification when a political party merges with another party and the conditions required under that provision are fulfilled.