Kapil Sibal moves SC against political merger route under anti-defection law

Senior Advocate Kapil Sibal approached the Supreme Court challenging the interpretation of the Constitution’s Tenth Schedule, arguing it weakens the anti-defection law by allowing political mergers to bypass disqualification. The court agreed to list the matter for hearing

New Delhi: 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, contending that the existing legal position on political mergers is diluting the anti-defection law.

The petition, filed against the Union of India, was assigned Diary No. 42846/2026 and filed on July 20, according to details available on the apex court’s official website.

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Appearing before a Bench headed by Chief Justice of India (CJI) Surya Kant, Sibal mentioned the matter and sought an early hearing. Addressing the CJI Kant-led Bench, Sibal said: “I have filed a petition in person. It relates to the issue of 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.”

Expressing concern over recent political developments, Sibal submitted that if the present trend continued, the anti-defection law under the Tenth Schedule would be rendered ineffective. “What is happening in this country? If this continues, the Tenth Schedule will become meaningless,” he said, adding that a similar matter filed by the Shiv Sena (UBT) was already pending before the apex court. In response, CJI Kant assured that the matter would be listed for hearing.

In his plea, Sibal has questioned the constitutional interpretation of paragraph 4 of the Tenth Schedule, which deals with mergers of political parties. He has contended that the existing interpretation enables splinter groups of legislators to avoid disqualification under the anti-defection law by taking the route of mergers with other political parties, thereby frustrating the very purpose of the Tenth Schedule.

The petition comes amid a series of recent political defections and mergers involving legislators from Opposition parties.

Meanwhile, the Supreme Court is also scheduled to hear on Wednesday a plea filed by Shiv Sena (UBT) MP, Arvind Sawant, challenging Lok Sabha Speaker Om Birla’s decision recognising the merger of six Shiv Sena (UBT) MPs with the Eknath Shinde-led Shiv Sena.

The petition, listed before a Bench of Justices P.S. Narasimha and Alok Aradhe, contends that the Speaker’s decision has severely affected the functioning of Shiv Sena (UBT) as a political party in Parliament, reducing its strength in the Lok Sabha from nine MPs to three following the recognition of the merger.