The apex court has issued notice to the Centre for its response NEW DELHI: Observing that there are “enormous issues” with the working of 10th Schedule, Supreme Court Monday agreed to hear senior advocate Kapil Sibal’s plea for interpretation of anti-defection law in order to curb illegal defections through the route of political party merger.Though a bench of Justices P S Narasimha and Alok Aradhe said the issue ought to be raised in Parliament, it agreed to examine the matter after Sibal submitted that it would not be addressed in Parliament as it benefits those in power. The court then issued notice to Centre seeking its response.”These are issues typically to be raised before the floor of the House; if not, then at least before political parties. The 10th Schedule is intended to regulate the mechanism between the legislators… We have been seeing it. There are enormous issues with the 10th Schedule. But who made it? It’s the making of the MPs,” bench said.At the outset, Sibal submitted that the issue raised by his petition is very important and could have huge repercussions for the country’s polity. “Electoral verdict can be changed through this process. A majority can become a minority, and a minority can become a majority,” he said.Sibal has personally entered the legal battlefield by petitioning Supreme Court on the working of anti-defection law and said the interpretation of 10th Schedule’s fourth paragraph (which permits mergers) is the need of the hour. Sibal cited many instances of defection and subsequent merger of rebel MLAs and MPs with another party, including those affecting Sena UBT and TMC after the West Bengal elections.Sena UBT has also moved a petition questioning the Lok Sabha Speaker’s decision to allow the merger of six of its nine MPs with rival Sena party led by Eknath Shinde. Entertaining the petition last week, the apex court sought responses from Centre and Lok Sabha Secretariat.The fourth paragraph of 10th Schedule carves out an exception to disqualification for defections. It provides that members of a House would not be disqualified if their parent party merges with another, or objects to such merger and prefers to function as a separate group. It also says that “the merger of the original political party of a member of a House shall be deemed to have taken place if, and only if, not less than two-thirds of the members of the legislature party concerned have agreed to such merger”.Get the latest India News and Live updates. Download the TOI app.End of ArticleFollow Us On Social MediaVideosSonam Wangchuk’s Wife Slams BJP And Congress, Says Both Use ‘Identical Tactics’ Against CriticsBig Setback For Vijay Govt, Madras High Court Cancels Jobs Order For Karur Victims’ FamiliesKangana Ranaut Slams Gen Z-led CJP Protests, Calls Viral Protest Reels “Puke Inducing” OnlineDelhi Fast Track Court Directs Prosecutor Appointment, Adjourns NEET Accused Bail Pleas Till Aug 3Delhi-Haridwar Highway Traffic Alert: Major Restrictions Announced Ahead of Kanwar Yatra 2026Bombay HC Allows Gadkari To Sue Meta, Google, X Corp Over Defamatory AI Deepfake ContentWhy PM Modi Handed The Education Ministry To Pralhad Joshi?Bihar Police Officer Seen Firing AK-47 At Student Protestors Suspended; Opposition Mounts AttackMEA Debunks Viral Claim Misquoting Randhir Jaiswal On Alleged Foreign Funding Of CJP Protests’Breach Of Trust’: CJP Slams Centre, Says ‘Protesters Arrested In Assam, Bengal, Bihar’123PhotostoriesFrom maharanis to modern royals: The evolution of Indian royal ethnic fashionYour lymphatic system depends on movement: Here’s how lymphatic walking may help support better healthDengue can look like a simple viral fever at first: Doctor reveals the warning signs that help tell the difference before complications beginHandloom vs powerloom: Here’s how to tell the difference before you buyWhy ancient Indian brides didn’t use soap before their wedding: The science behind the haldi traditionOptical illusion personality test: The first thing you spot in this picture reveals your true inner power9 must-try Omelettes from around the world and what makes them so popularStudy says screen time may damage brain development in kids under two: 5 simple ways to keep toddlers happy without screensMonsoon Alert: 6 Signs there might be a snake near your homeThe hidden meaning of bridal kaleeras: Know the forgotten history behind Punjab’s most emotional wedding tradition123Hot PicksUP Police Constable ResultB Architecture admissionGold price predictionIndian rupeeUmar KhalidRupaidiha border crossingUP electionsTN supplementary resultsCBSE 12 supplementary examTop TrendingDelhi US Student DeathBihar Bandh ViolenceCWG ScheduleDelhi Metro New Interchange StationsBengaluru Mother SuicideNEET Aspirant SuicideMumbai ProtestJantar Mantar ProtestHarbhajan singhIND U19 vs Sri Lanka U19
NEW DELHI: Observing that there are “enormous issues” with the working of 10th Schedule, Supreme Court Monday agreed to hear senior advocate Kapil Sibal’s plea for interpretation of anti-defection law in order to curb illegal defections through the route of political party merger.Though a bench of Justices P S Narasimha and Alok Aradhe said the issue ought to be raised in Parliament, it agreed to examine the matter after Sibal submitted that it would not be addressed in Parliament as it benefits those in power. The court then issued notice to Centre seeking its response.“These are issues typically to be raised before the floor of the House; if not, then at least before political parties. The 10th Schedule is intended to regulate the mechanism between the legislators… We have been seeing it. There are enormous issues with the 10th Schedule. But who made it? It’s the making of the MPs,” bench said.At the outset, Sibal submitted that the issue raised by his petition is very important and could have huge repercussions for the country’s polity. “Electoral verdict can be changed through this process. A majority can become a minority, and a minority can become a majority,” he said.Sibal has personally entered the legal battlefield by petitioning Supreme Court on the working of anti-defection law and said the interpretation of 10th Schedule’s fourth paragraph (which permits mergers) is the need of the hour. Sibal cited many instances of defection and subsequent merger of rebel MLAs and MPs with another party, including those affecting Sena UBT and TMC after the West Bengal elections.Sena UBT has also moved a petition questioning the Lok Sabha Speaker’s decision to allow the merger of six of its nine MPs with rival Sena party led by Eknath Shinde. Entertaining the petition last week, the apex court sought responses from Centre and Lok Sabha Secretariat.The fourth paragraph of 10th Schedule carves out an exception to disqualification for defections. It provides that members of a House would not be disqualified if their parent party merges with another, or objects to such merger and prefers to function as a separate group. It also says that “the merger of the original political party of a member of a House shall be deemed to have taken place if, and only if, not less than two-thirds of the members of the legislature party concerned have agreed to such merger”.
