Supreme Court Issues Notice On Kapil Sibal's Petition Challenging 10th Schedule Interpretation Allowing Defections As Mergers
The Supreme Court today(July 27) issued notice to the Union Government in a writ petition filed by Senior Advocate Kapil Sibal 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.
A bench comprising Justice PS Narasimha and Justice Alok Aradhe briefly heard Sibal before issuing notice. At the outset, Justice Narasimha questioned why the Article 32 route has been taken.
Sibal submitted that there are huge repercussions on the polity because, due to mergers, the electoral majority can be turned into a minority verdict. He referred to the Goa matter pending before the Court. "Electoral verdict can be changed through this process. A majority can become minority and a minority can become majority."
Despite issuing notice, Justice Narasimha showed reluctance and stated that these matters are for the legislators to decide. "These are issues typically to be raised before the floor of the house; if not, then at least before political parties. 10th Schedule is intended to regulate the mechanism between the legislators...What transpired in the working of the 10th Schedule, we have been seeing, enormous issues about the 10th Schedule."
Sibal responded that people in power will never allow the matter to be decided.
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 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 before Justice Narasimha's bench.
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 Details: Kapil Sibal v. Union of India | Diary No. 42846/2026