The Supreme Court on Monday agreed to consider a petition seeking a review of how the Tenth Schedule of the Constitution is interpreted, specifically regarding provisions that allow elected lawmakers to avoid disqualification by claiming political party mergers.
A bench comprising Justice P.S. Narasimha and Justice Alok Aradhe issued a notice to the Central Government seeking its response to the plea. The court also attached the petition to a related case currently pending before the court concerning the defection of assembly members in Goa.
Impact on Legislative Composition
The petition was filed in a personal capacity by senior advocate and independent Rajya Sabha Member of Parliament Kapil Sibal. Sibal previously requested an urgent hearing for the matter on July 22, arguing that the court must evaluate whether parliamentary composition should be permitted to alter through current interpretations of Paragraph 4 of the Tenth Schedule.
In his submissions, Sibal stated that the present application of the merger exception carries significant consequences for the national political landscape. He noted that the provision enables minority political groups to transform into majorities and majorities to be reduced to minorities within legislative bodies.
Parliamentary Purview and Background
During the proceedings, the bench observed that the matter involves several broader issues that require consideration by Parliament. The justices noted that because the Tenth Schedule was enacted by Parliament to govern lawmakers, it remains the responsibility of the legislature to formulate an appropriate framework.
The legal challenge comes following recent instances where Members of Parliament representing the Aam Aadmi Party, Trinamool Congress, and Shiv Sena (UBT) joined the ruling Bharatiya Janata Party and other political organizations by invoking the merger clauses under the Tenth Schedule.
