Kapil Sibal challenges anti-defection law: SC to examine tenth schedule merger rule
The Supreme Court of India has agreed to examine a plea by Kapil Sibal challenging the Tenth Schedule of the Constitution regarding the anti-defection law. The petition questions whether political party mergers should allow legislators to bypass disqualification rules.
Why it matters
The outcome could significantly alter the stability of political parties and the balance of power in Indian legislatures by closing potential loopholes in anti-defection laws.
NEW DELHI: The Supreme Court on Monday sought the Centre's response to a plea filed by independent Rajya Sabha leader and senior advocate Kapil Sibal challenging the interpretation of the Tenth Schedule of the Constitution that allows legislators to avoid disqualification under the anti-defection law by merging their political party with another party.A bench of Justices PS Narasimha and Alok Aradhe issued notice to the Centre on Sibal's plea and observed that several issues raised in the matter may require consideration by Parliament.Sibal argued that the issue has 'huge repercussions on our polity', pointing out that the provision could allow a minority party to become a majority or a majority party to become a minority.The bench observed that the Tenth Schedule, which governs defection by lawmakers, was enacted by Parliament and said it was for the legislature to devise an appropriate mechanism.Sibal also informed the court that a similar matter…
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