Supreme Court to Review Anti-Defection Law Interpretation

Supreme Court Considers Petition on Anti-Defection Law

New Delhi, July 27 - The Supreme Court has agreed to hear a petition filed by independent Rajya Sabha member and senior lawyer Kapil Sibal, which seeks a re-evaluation of the interpretation of the Tenth Schedule of the Constitution. This interpretation allows legislators and MPs to claim merger with another political party to evade disqualification under anti-defection laws. A bench comprising Justices P.S. Narasimha and Alok Aradhe issued a notice to the central government, indicating that there are several issues in this case that require parliamentary consideration.

Sibal emphasized that this matter has a significant impact on our political landscape, as the current provision could enable a minority party to gain a majority, while a majority party could find itself in the minority. The bench noted that the Tenth Schedule, created for representatives, was enacted by Parliament, and it is Parliament's responsibility to establish appropriate arrangements for it.

Sibal informed the bench that a similar case related to defection among legislators in Goa is pending in court. Consequently, the bench linked his petition with the Goa-related case.

This petition was filed personally by Sibal, who has requested an interpretation of the law. On July 22, he sought an expedited hearing, stating that the case pertains to whether the structure of Parliament can be altered as is currently happening in the country, and what the interpretation of Article Four of the Tenth Schedule should be. This petition comes at a time when some MPs from the Aam Aadmi Party (AAP), Trinamool Congress, and Shiv Sena (Uddhav Balasaheb Thackeray) have utilized the merger provisions of the Tenth Schedule to join the ruling Bharatiya Janata Party (BJP) and other political parties.