SC to examine anti-defection law loophole on plea by Kapil Sibal

The Supreme Court issued a notice to the Centre on a PIL filed by Kapil Sibal challenging the anti-defection law's merger provisions. The bench noted 'enormous issues' with the law, while Sibal argued it allows electoral verdicts to be changed.

The Supreme Court on Monday issued notice to the Centre on a PIL filed by Kapil Sibal challenging the interpretation of the Tenth Schedule to the Constitution that permits legislators to avoid disqualification under the anti-defection law by taking the route of a political party merger.

Court Notes 'Enormous Issues' with Law

A bench of Justices PS Narasimha and Alok Aradhe, after a brief hearing, issued notice to the Central government on the plea. Noting "enormous issues" with India's anti-defection law, the bench remarked that the statute was a creation of the legislature. Such issues should ideally be raised on the floor of the House itself, the bench added.

"These are issues typically to be raised before the floor of the House; if not, then at least before political parties. 10th Schedule is intended to regulate the mechanism between the legislators. What transpired in the working of the 10th Schedule, we have been seeing, is enormous issues about the 10th Schedule. But who made it? It's the making of the members of parliament (MPs)," said Justice Narasimha.

Sibal Argues Against Misuse of Power

Sibal responded that the MPs can also go wrong at times, as the courts and the issue may never get resolved because it benefits those in power. Sibal said that people in power will never allow the matter to be decided.

"Kindly have a look at the proposition. Please see the enormity of the problem. The electoral verdict can be changed. A minority can become a majority, and a majority can become a minority," Sibal, who is also an MP, said.

Sibal questioned the constitutional interpretation of the provisions relating to mergers under the Tenth Schedule, saying that the existing interpretation allows splinter groups to escape the rigours of the anti-defection law by engineering mergers with other political parties. (ANI)

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