Kapil Sibal Challenges Anti-Defection Law; SC Examines Tenth Schedule Merger Rule
UPSC / SSC current affairs note · Polity
Why in news
The Supreme Court has sought the Centre's response to a plea by independent Rajya Sabha MP Kapil Sibal challenging the interpretation of the Tenth Schedule that allows legislators to avoid disqualification by merging their party with another. Sibal argues this provision has huge repercussions on polity, potentially allowing a minority party to become a majority or vice versa. The Court tagged the plea with a pending Goa matter concerning defection of MLAs.
Background
The Tenth Schedule was introduced via the Constitution (Fifty-Second Amendment) Act, 1985, to curb political defections. Paragraph 4 provides an exception to disqualification when a political party merges with another party, subject to conditions. Recent instances of MPs from AAP, TMC, and Shiv Sena (UBT) joining BJP using this merger provision have sparked controversy.
Key facts
Kapil Sibal filed a plea in his personal capacity challenging the interpretation of Paragraph 4 of the Tenth Schedule.
Supreme Court bench of Justices PS Narasimha and Alok Aradhe issued notice to the Centre on July 27, 2026.
Sibal argued the merger provision could change the composition of Parliament and state legislatures without attracting disqualification.
The Court observed that several issues may require consideration by Parliament.
The plea was tagged with a pending Supreme Court matter concerning defection of MLAs in Goa.
Recent examples cited include MPs from AAP, TMC, and Shiv Sena (UBT) joining BJP using the merger provision.
The Tenth Schedule was enacted to curb defections; Paragraph 4 allows an exception for party mergers.
Prelims pointers
- Tenth Schedule of the Constitution
- Constitution (Fifty-Second Amendment) Act, 1985
- Paragraph 4 of Tenth Schedule
- Anti-defection law
- Supreme Court
- Kapil Sibal
- Rajya Sabha
- Goa MLAs defection case
Mains angles
- Discuss the effectiveness of the anti-defection law in curbing political defections, with reference to the merger exception under Paragraph 4 of the Tenth Schedule.
- Critically examine the role of the judiciary in interpreting constitutional provisions related to political defections and party mergers.
- Analyze the impact of the merger provision on the stability of governments and democratic representation in India.