Supreme Court seeks Centre's reply on Kapil Sibal's plea on interpretation of anti-defection law
The Supreme Court of India has agreed to hear a plea by Kapil Sibal challenging the interpretation of the Tenth Schedule, which allows lawmakers to avoid disqualification by claiming a party merger. The court has issued a notice to the Centre regarding the potential for minority parties to manipulate parliamentary composition.
Why it matters
The case addresses fundamental concerns about political stability and the integrity of the anti-defection law in the Indian parliamentary system.
The Supreme Court on Monday (July 27, 2026) agreed to hear a plea filed by independent Rajya Sabha MP and senior advocate Kapil Sibal seeking reconsideration of the interpretation of the Tenth Schedule of the Constitution that allows MLAs and MPs to avoid disqualification under the anti-defection law by claiming a merger with another political party.
A Bench of Justices P.S. Narasimha and Alok Aradhe, which issued a notice to the Centre, observed that there are several issues involved that are required to be taken by Parliament.
Mr. Sibal said that this issue has "huge repercussions on our polity" as a minority party can become a majority. In contrast, a majority can become a minority due to the provision.
The Bench said that the Tenth Schedule, meant for the lawmakers, was passed by the Parliament, and it is for them to devise a mechanism.
Get smarter about the news
Sign up free for a feed built around what you actually care about, Dive Deeper research on any story, and the full text of every article.
Create free accountAlready have an account? Sign in