SC: Enormous issues in enforcing anti-defection law are making of MPs
UPSC / SSC current affairs note · Polity
Why in news
The Supreme Court agreed to examine a petition by senior advocate Kapil Sibal challenging the interpretation of the merger provision in the Tenth Schedule that allows legislators to escape disqualification. The Court observed that the enforcement issues are the making of Parliament members themselves.
Background
The Tenth Schedule (Anti-Defection Law) was added to the Constitution by the 52nd Amendment Act, 1985. It provides for disqualification of legislators on grounds of defection, with exceptions for party mergers involving at least two-thirds of members. The Court had upheld its validity in Kihoto Hollohan vs Zachillhu (1992).
Key facts
Supreme Court bench of Justices PS Narasimha and Alok Aradhe issued notice on a petition by Kapil Sibal under Article 32.
The petition challenges the interpretation of Paragraph 4 of the Tenth Schedule regarding merger-based exemption from disqualification.
The Court remarked that 'enormous issues' in enforcing the anti-defection law are 'the making of the members of Parliament'.
The bench directed that the petition be tagged with a pending challenge concerning political defections in Goa before a three-judge bench.
Sibal argued that defects in the law have enabled engineered defections to topple governments.
The Court observed that such issues ordinarily belong to the legislative and political domain.
The Tenth Schedule requires a two-thirds threshold for a merger to be valid, allowing members to join the new group or leave.
Prelims pointers
- Tenth Schedule (Anti-Defection Law)
- 52nd Amendment Act, 1985
- Article 32 (Supreme Court's original jurisdiction)
- Kihoto Hollohan vs Zachillhu (1992) case
- Paragraph 4 of Tenth Schedule (merger provision)
- Two-thirds threshold for merger exemption
Mains angles
- GS2 Polity: Anti-defection law – effectiveness, loopholes, and judicial interpretation
- GS2 Polity: Role of judiciary vs legislature in regulating political defections
- GS2 Polity: Impact of defections on democratic stability and electoral mandates
- GS2 Polity: Need for reforms in the Tenth Schedule