Supreme Court Engages in Discourse Over Tenth Schedule’s Efficacy
This Monday, the Supreme Court highlighted significant concerns regarding India’s anti-defection law while acknowledging its legislative roots. This observation came from a bench comprising Justice PS Narasimha and Justice Alok Aradhe during a session addressing a petition by Senior Advocate Kapil Sibal. The petition challenges the current interpretation of the Tenth Schedule of the Constitution, which encompasses the anti-defection law.
Justice Narasimha and Justice Aradhe noted the legislative intent behind the Tenth Schedule, emphasizing that any issues with it should ideally be addressed within the parliamentary framework. They stated, “The Tenth Schedule is designed to regulate interactions among legislators. We have upheld the Tenth Schedule. We are aware of its significant issues. However, it is the creation of the Members of Parliament.”
In response, Sibal argued that MPs, akin to judicial bodies, are fallible and that the prevailing interpretation might persist due to its advantageous nature for the ruling entities. He pointed out, “The issue may never get resolved because it benefits those in power.”
Notice Issued to Union Government
The bench proceeded to issue a notice to the Union Government regarding Sibal’s plea, which raises concerns about political mergers as a loophole in the anti-defection law. The Supreme Court remarked, “There are many issues. We will issue notice.”
Sibal, himself an MP, contests an interpretation of the Tenth Schedule permitting splinter political groups to circumvent the anti-defection law through mergers. During the hearing, the court queried Sibal about his decision to file a petition under Article 32. Sibal clarified that a related case is already under the Supreme Court’s consideration. He elaborated, “The Goa matter is listed before a three-judge bench. However, beyond that, this issue significantly impacts our political landscape. The electoral outcome can be altered. A minority can become a majority, and vice versa.”
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Broader Political Implications
The Supreme Court’s engagement with Senior Advocate Kapil Sibal underscores concerns that the anti-defection law may be losing its effectiveness. The bench, comprising Justices PS Narasimha and Alok Aradhe, continues to deliberate on the matter.
