Supreme Court To Hear Plea By Kapil Sibal Challenging Political Defections Under Guise Of Mergers
Sibal said that the central issue is whether the composition of Parliament can change in the fashion in which it is happening in this country.
Senior Advocate Kapil Sibal has moved the Supreme Court by filing a writ petition as a petitioner, challenging the current interpretation of Paragraph 4 of the Tenth Schedule of the Constitution of India.
The Bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V Mohana agreed to list the matter either on Friday or Monday after Sibal mentioned the matter as a party-in-person.
The petition questions whether the composition of Parliament and State Assemblies can be systematically altered through political party "mergers" that serve as a loophole to bypass the Anti-Defection Law.
He submitted, "I have filed the petition in person, My Lords. The diary number has been given to me... The central issue is whether the composition of 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."
Accepting the request for an early hearing, the bench agreed to list the petition at the earliest opportunity, fixing the matter for coming Friday or Monday.
Sibal raised a fundamental question regarding whether the composition of Parliament can be altered in the manner currently occurring across the country through split-group mergers.
The petition specifically targets Paragraph 4 of the Tenth Schedule, contending that interpreting it to permit legislative wing mergers without authentic political party mergers subverts the constitutional intent of anti-defection laws.
The plea argues that allowing splinter factions to merge with rival political parties under the shield of Paragraph 4 undermines voters' mandates and destabilizes democratic governance.
The filing comes amidst recurring political developments where legislative groups have claimed immunity from disqualification by citing two-thirds majority "mergers" with ruling or rival parties. Sibal’s petition seeks a definitive constitutional ruling from the Supreme Court to plug exemptions that enable political defections behind legal fictions.
Cause Title: Kapil Sibal v. Union of India [Diary No. 42846/2026]