The Supreme Court of India on Monday agreed to hear a public interest petition filed by senior advocate and independent Rajya Sabha member Kapil Sibal, which challenges the existing legal interpretation of the Tenth Schedule of the Constitution. The petition specifically seeks a complete review of how merger clauses under the anti-defection framework are being applied to protect defecting lawmakers from disqualification. A bench comprising Justice P. S. Narasimha and Justice Alok Aradhe issued a formal notice to the Central Government while observing that several complex issues raised in the matter require thorough deliberation by Parliament.
Impact of Merger Exception on Political Stability
During the proceedings, Kapil Sibal argued that the current legal reading of the Tenth Schedule has severe and far-reaching consequences for the democratic setup in India. He highlighted how the merger provision allows minority factions to transform into majority groups within legislative houses, effectively turning political majorities into minorities overnight. Sibal pointed out that paragraph four of the Tenth Schedule, which deals with mergers between political parties, is being used as a shield to bypass the core objectives of the anti-defection law.
The judicial bench noted that the Tenth Schedule was originally enacted by Parliament to regulate the conduct of elected public representatives. Consequently, the judges emphasized that creating an appropriate statutory framework or making necessary legal modifications remains the primary responsibility of the legislature itself.
Tagging with Goa Defection Case and Background
Kapil Sibal informed the court about a similar pending matter related to the defection of lawmakers in Goa. Recognizing the overlapping legal questions regarding legislative defections and party mergers, the bench directed that Sibal's petition be tagged alongside the ongoing Goa legislative case for joint consideration.
Sibal, who filed the petition in his individual capacity, had earlier sought an urgent hearing on July 22. In his plea, he questioned whether the composition of legislative bodies in the country could be systematically altered in the manner currently being witnessed. The legal action comes amidst recent instances where members of parliament and state assemblies from parties such as the Aam Aadmi Party, Trinamool Congress, and Shiv Sena (Uddhav Balasaheb Thackeray) invoked Tenth Schedule merger rules to join the ruling Bharatiya Janata Party and other political outfits without facing disqualification.
