'Enormous issues' with anti-defection law: SC issues notice to Centre
What's the story
The Supreme Court has sought the Centre's response on a petition challenging the interpretation of Paragraph 4 of the Tenth Schedule. The petition was filed by Senior Advocate Kapil Sibal, who argued that current interpretations allow MPs and MLAs to escape disqualification under the anti-defection law through mergers. Hearing Sibal's plea, a bench comprising Justice PS Narasimha and Justice Alok Aradhe said there were "enormous issues" with India's anti-defection law but that it was made by lawmakers sitting in parliament.
Legal challenge
Sibal's plea challenges constitutional interpretation of merger provisions
Sibal argued the current reading enables breakaway factions to bypass disqualification by merging with other parties.
He said this issue has "huge repercussions," as a minority party can become a majority and vice versa.
"Electoral verdict can be changed through this process," he said.
The petition seeks a mandamus declaring Paragraph 4 applies only if one political party merges with another or two merge.
It argues against deemed mergers in the absence of political party mergers as per Paragraph 4(1).
Argument presented
Breach of representative democracy principles, argues Sibal
Sibal contended that allowing deemed mergers under Paragraph 4(2) without political party mergers would breach fundamental principles of representative democracy.
He argued this would violate the electorate's verdict and go against the Constitution's basic structure.
The Supreme Court initially hesitated to issue notice on Sibal's plea, saying, "These are issues typically to be raised before the floor of the house; if not, then at least before political parties."
Bench
'We have been seeing enormous issues about the 10th Schedule'
The bench said the 10th Schedule is intended to "regulate the mechanism between the legislators...What transpired in the working of the 10th Schedule, we have been seeing enormous issues about the 10th Schedule."
Sibal then responded that those in power will never allow the matter to be decided.
He said similar matters are pending in the SC, mentioning a petition filed by Shiv Sena (UBT) challenging the Lok Sabha Speaker approving the merger of its MPs with the Shinde Sena.
Recent developments
Lok Sabha Speaker approves merger of 6 Shiv Sena MPs
Recently, Lok Sabha Speaker Om Birla approved the merger of six Shiv Sena (UBT) MPs with Eknath Shinde-led Shiv Sena.
The Speaker also allowed separate seating for 20 MPs who left the Trinamool Congress to join the Nationalist Citizens Party of India (NCPI) even as their plea for formal recognition as members of the NCPI remained pending.