SC On Anti-Defection Law: The Supreme Court on Monday issued to notice to the Central Government on a plea filed by senior Rajya Sabha MP Kabil Sibal seeking reconsideration of the interpretation of the Tenth
Schedule of the Constitution that allows MLAs and MPs to avoid disqualification under the anti-defection law.
While hearing Sibal’s petition questioning the interpretation of the merger provision under the anti-defection law, a bench of Justice PS Narasimha and Justice Alok Aradhe observed that there are “enormous issues” with the Tenth Schedule of the Constitution which are required to be taken by Parliament, news agency PTI reported.
Sibal said that this issue has “huge repercussions on our polity” as a minority party can become majority, while a majority can become a minority, due to the provision.
However, Justice Narasimha observed that while the Tenth Schedule was enacted to regulate defections by legislators, it has several practical issues that ultimately need to be addressed by lawmakers.
“Tenth Schedule is intended to regulate the mechanism between the legislators. We have upheld the Tenth Schedule. We have been seeing it. There are enormous issues with the Tenth Schedule. But who made it? It’s the making of the MPs,” the bench observed.
The top court also remarked that such concerns are matters that should ideally be debated on the floor of the House or before political parties.
Appearing in person, Sibal argued that the issue has “huge repercussions” for India’s democratic system, contending that the existing interpretation of Paragraph 4 of the Tenth Schedule can alter the electoral mandate.
“The electoral verdict can be changed. A minority can become a majority and a majority can become a minority,” Sibal submitted, adding that those in power were unlikely to address the issue because it worked in their favour.
He also informed the court that similar issues arising out of political defections in Goa and other cases are already pending before the Supreme Court. After briefly hearing the matter, the Bench issued notice to the Union government and tagged Sibal’s petition with the pending Goa defection case.
Sibal has filed the plea in his personal capacity and sought interpretation of the law. On July 22, he had sought an urgent listing of his plea, saying it relates to the issue of whether the composition of Parliament can change in the fashion in which it is happening in this country and the interpretation of the Tenth Schedule paragraph four in that context.
The plea comes against the backdrop of MPs from AAP, Trinamool Congress and the Shiv Sena (UBT) joining the ruling BJP and other political parties by invoking the merger provisions under the Tenth Schedule.
(With inputs from agencies)
