SC seeks Centre’s reply on plea over anti-defection law, Pg14

Key Highlights:

• The Supreme Court has sought the Union government’s response on a petition challenging the interpretation of the "merger" exception under the Tenth Schedule of the Constitution.
• Senior advocate Kapil Sibal, the petitioner, argues that the current interpretation of Paragraph 4 of the Tenth Schedule allows a legislature party to claim a merger with another party if two-thirds of its members agree, even without the original political party formally merging.
• Sibal contends that this interpretation can subvert electoral mandates by enabling a minority to become a majority without fresh elections.
• The Supreme Court, while acknowledging "enormous issues" with the Tenth Schedule, issued notice to the Centre on the plea.

10th Schedule.jpg

Detailed Insights:

• The Tenth Schedule, commonly known as the Anti-defection law, was introduced by the 52nd Amendment Act, 1985, to prevent political defections and ensure governmental stability.
• Paragraph 4 of the Tenth Schedule provides an exception to disqualification if a political party merges with another, and at least two-thirds of its legislature party members agree to the merger.
• Sibal's petition highlights the critical distinction between a political party (the overarching organization) and a legislature party (elected members in the House).
• The 91st Amendment Act, 2003, removed the "split" exception (Paragraph 3) which allowed one-third of a legislature party to break away without disqualification, but retained the "merger" exception.
• The Supreme Court initially expressed that issues concerning the Tenth Schedule are primarily matters for Parliament to address.
• The plea suggests that the current interpretation of the merger clause acts as a loophole, legitimizing large-scale defections and undermining the democratic process.

Key Concepts Involved:

• Tenth Schedule: Part of the Indian Constitution containing the Anti-defection law, added by the 52nd Amendment Act, 1985.
• Anti-defection law: Legislation aimed at preventing elected representatives from changing political parties for personal gain or to destabilize governments.
• Political party: The registered organization outside the legislature that contests elections and forms a government.
• Legislature party: The group of elected members representing a political party within a legislative body.