Kapil Sibal challenges anti-defection law: SC to examine tenth schedule merger rule

Kapil Sibal challenged the interpretation of the Tenth Schedule in the Supreme Court, arguing that the merger provision allows legislators to avoid disqualification under the anti-defection law.

The Supreme Court issued notice to the Centre and tagged the plea with a similar Goa matter concerning MLA defections.

Sibal argued the provision could allow a minority party to become a majority or vice versa, with 'huge repercussions on our polity'.

The bench observed the Tenth Schedule was enacted by Parliament and said it was for the legislature to devise an appropriate mechanism.

The plea refers to recent instances of MPs from AAP, Trinamool Congress, and Shiv Sena (UBT) joining the BJP by invoking the merger provision.