Senior Advocate Kapil Sibal, appearing in
his personal capacity, has approached the Supreme Court by
filing a writ petition seeking a fresh interpretation of the Tenth
Schedule of the Constitution, which governs the anti-defection law.
The petition questions the current interpretation of the merger provision under
Paragraph 4, arguing that it allows elected legislators to avoid
disqualification by claiming a merger with another political party.
The matter was mentioned before a Bench
comprising Chief Justice of India Surya Kant, Justice
Joymalya Bagchi, and Justice V. Mohana, which agreed to list
the case for hearing.
Sibal contended that the existing interpretation has
diluted the purpose of the anti-defection law by enabling legislators to bypass
disqualification through politically engineered mergers. According to the
petition, this undermines legislative stability, weakens democratic principles,
and defeats the constitutional objective of preserving the electoral mandate.
The plea also notes that similar issues are already
pending before the Supreme Court, including challenges related to the Shiv
Sena split and the Goa political merger case, both of
which involve the scope and application of Paragraph 4 of the Tenth Schedule.
The petition gains significance amid recent political defections involving legislators from parties such as the Aam Aadmi Party (AAP), Trinamool Congress (TMC), and Shiv Sena (UBT), who reportedly relied on the merger provision to avoid disqualification. Through this petition, Sibal has urged the Supreme Court to adopt a purposive interpretation of the merger clause to prevent its misuse, strengthen the anti-defection framework, and uphold the integrity of India's democratic process.
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