SC Seeks Centre's Reply on Kapil Sibal's Plea on Interpretation of Anti-Defection Law

The Supreme Court on Monday 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 PS Narasimha and Alok Aradhe, which issued a notice to the Centre, observed that there are several issues involved which are required to be taken by Parliament.

Sibal said that this issue has "huge repercussions on our polity" as a minority party can become majority, while 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.

Sibal said there is a similar matter related to defection of MLAs from Goa pending before the court. The bench then tagged the plea along with the Goa matter.

Sibal has filed the plea in his personal capacity and sought interpretation of the law. On July 22, he had sought an urgent listing of his plea, saying it relates to the issue of whether the composition of Parliament can change in the fashion in which it is happening in this country and the interpretation of the Tenth Schedule paragraph four in that context.

The plea comes against the backdrop of MPs from AAP, Trinamool Congress and the Shiv Sena (UBT) joining the ruling BJP and other political parties by invoking the merger provisions under the Tenth Schedule.