The Supreme Court has agreed to hear a petition on July 27 seeking a fresh examination of the Constitutional provisions that allow lawmakers to avoid disqualification under the anti-defection law by citing political mergers.
A three-judge bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana scheduled the matter for Monday following an urgent listing request made by senior advocate and Independent Rajya Sabha MP Kapil Sibal.
Challenge to Tenth Schedule Interpretation
Appearing in a personal capacity, Sibal urged the court to review the interpretation of Paragraph 4 of the Tenth Schedule of the Constitution. He questioned whether the parliamentary composition should be permitted to change through the current application of merger exceptions under the law.
Background and Pending Matters
Sibal pointed out that related issues are already under judicial scrutiny, including a petition filed by the Shiv Sena (UBT) challenging the Lok Sabha Speaker’s approval of a merger involving its former lawmakers with the Shinde-led faction. That matter was slated for a hearing before a separate bench headed by Justice P S Narasimha.
The petition comes amidst ongoing debate over the anti-defection framework, as lawmakers from several political organizations, including the Aam Aadmi Party, Trinamool Congress, and Shiv Sena (UBT), have recently joined the ruling Bharatiya Janata Party and other political entities by relying on the Tenth Schedule’s merger clause.
