BREAKING| Kapil Sibal Files Plea In Supreme Court Against Political Defections Under Guise Of Mergers

Senior Advocate Kapil Sibal has moved the Supreme Court by filing a writ petition as a party-in-person challenging the interpretation of the Tenth Schedule to the Constitution that permits legislators to avoid disqualification under the anti-defection law by taking the route of a political party merger.

In his petition, Sibal has questioned the constitutional interpretation of the provisions relating to mergers under the Tenth Schedule, contending that the existing interpretation allows splinter groups to escape the rigours of the anti-defection law by engineering mergers with other political parties.

Sibal mentioned the matter for urgent listing before the Chief Justice of India today.

"I have filed a petition in person. It relates to the issue whether the composition of the Parliament can change in the fashion in which it is happening in this country and the interpretation of the tenth schedule paragraph 4 in that context."

Sibal said that similar matters are pending in the Supreme Court. He informed that a petition filed by Shiv Sena (Uddhav Balasaheb Thackeray) challenging the Lok Sabha Speaker approving the merger of some of its MPs with the Shinde Sena is listed today before Justice Narasimha's bench today.

CJI Surya Kant agreed to list the matter today.

Recently, several legislators belonging to the Aam Aadmi Party, Trinamool Congress and Shiv Sena UBT merged with BJP and other parties. 

There is a petition filed by the Congress pending in the Supreme Court challenging the Bombay High Court Goa Bench's view that a legislative wing can validly merge with another party without the approval of the political party.

Case : Kapil Sibal v. Union of India | Diary No. 42846/2026

Related - Is Raghav Chaddha's Merger With BJP A Valid Defence Under Anti-Defection Law?