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.
Today, On 8th April, The Central Government has filed a caveat in the Supreme Court concerning petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. The caveat requests that no order be passed without first hearing the government’s side. This legal move ensures the Centre’s participation in any proceedings related to the Act. It reflects the government’s proactive stance amid growing legal scrutiny.
Today, On 31st January, The Supreme Court honored Justice Hrishikesh Roy with a heartfelt farewell, recognizing his contributions to the judiciary. Known for his wisdom and humor, he believed that “a smile is a curve that can set many things straight.” His judgments in arbitration and environmental law left a lasting impact. The farewell reflected deep respect for his legal acumen and compassionate approach.