Kapil Sibal argued in Kochi that the whip does not bind legislators in the United States, the United Kingdom or Europe as it does in India. The comparison needs qualifying, but the underlying point holds: India is unusual in attaching loss of the seat to a party direction, and every reform committee since 1990 has recommended narrowing it.
An independent MLA in Haryana switching sides three times gave Indian politics a phrase in 1967. Nearly sixty years, two failed Bills, one constitutional amendment and one repeal later, the same question is back before the Supreme Court. A look at how the Tenth Schedule was built and why each reform produced the next workaround.
Speaking at a talk in Kochi, Senior Advocate and Independent Rajya Sabha MP Kapil Sibal questioned why the Supreme Court has not decided the correctness of the merger exception under Paragraph 4 of the Tenth Schedule since 2022, and argued that treating a legislature party merger as sufficient defeats the anti-defection law. The issue is pending before the Supreme Court.
In the aftermath of the Maharashtra election, Shiv Sena (UBT) leader Sanjay Raut criticized former CJI D.Y. Chandrachud for delays in ruling on disqualification petitions, which he claims led to the Maha Vikas Aghadi’s defeat. He accused Chandrachud of facilitating defections and questioned the legitimacy of the ruling coalition’s success.
The Supreme Court of India affirmed the constitutional validity of the 10th Schedule, or Anti-Defection Law, originally introduced in 1985, dismissing a plea challenging it. The Court reiterated that the law prevents political instability by disqualifying members who switch parties, thereby upholding parliamentary democracy and accountability.
In a significant observation, the Kerala High Court has highlighted the need for a more stringent anti-defection law, including the imposition of financial penalties on politicians who defect. This statement comes in the context of the court’s deliberations on political defections, which it views as a threat to the integrity of democracy. Also read- Kerala […]
