1 hr ago
Sibal Seeks Tougher Anti-Defection Rules Amid TMC Split
India has a rule meant to stop elected lawmakers from changing parties after winning elections.
This rule is called the Anti-Defection Law and is part of the Constitution’s Tenth Schedule.
It can remove lawmakers who leave their party or disobey an important party voting instruction.
However, lawmakers can avoid disqualification if at least two-thirds of their legislative party supports a merger.
Kapil Sibal says this exception can be used as a loophole for mass walkouts.
He wants lawmakers who change parties during their term to lose eligibility for public office for 10 years.
The Cockroach Janta Party supports the idea but wants a 20-year ban.
The issue is receiving renewed attention because of reported defections involving Trinamool Congress legislators.
Kapil Sibal has proposed replacing the Tenth Schedule with a 10-year ban on legislators who switch parties mid-term.
Sibal wants party mergers to involve entire political parties, not simply mass defections by legislators.
The current law permits an exception when at least two-thirds of a legislature party supports a merger.
The proposal gained attention amid a reported split involving 20 of the Trinamool Congress’s 28 Lok Sabha MPs.
The Cockroach Janta Party supports Sibal’s proposal but has called for a stricter 20-year ban on public office and election contests.
- Who
- Kapil Sibal proposed changes, supported by the Cockroach Janta Party, amid defections involving Trinamool Congress legislators.
- What
- Sibal proposed replacing the Tenth Schedule with a 10-year disqualification from public or constitutional office for legislators who switch parties mid-term.
- Where
- The proposal was discussed in Kochi, Keralam, while the current political dispute involves the Lok Sabha and West Bengal Assembly.
- When
- The proposal was made recently during Sibal’s talk in Kochi; the issue is also linked to ongoing and earlier defections.
- Why
- Sibal wants to close the two-thirds merger exception, which he says can allow mass legislative walkouts to avoid disqualification.
Anti-Defection Reform Advocates
Existing Legal Framework
Two-thirds merger exception
Anti-Defection Reform Advocates
Sibal and the Cockroach Janta Party argue that the exception can operate as a loophole for mass walkouts and should be removed or replaced.
Existing Legal Framework
The current Tenth Schedule recognises a merger when at least two-thirds of a legislature party supports it, providing an exception to disqualification.
Length of disqualification
Anti-Defection Reform Advocates
Sibal proposes a 10-year ban, while the Cockroach Janta Party seeks a broader 20-year ban covering public office and election contests.
Existing Legal Framework
Under the framework described in the article, disqualification is assessed through the Tenth Schedule rather than an automatic long-term ban from all public positions.
Current Trinamool Congress claims
Anti-Defection Reform Advocates
Experts cited in the article say a bloc of 20 MPs cannot independently invoke the merger protection and may be liable for disqualification unless the entire party merges.
Existing Legal Framework
The opposing faction’s position involves claiming party control and recognition, with the Election Commission assessing the competing claims rather than treating the matter solely as an individual defection.
Key facts
- Current law
- A legislator may be disqualified for voluntarily leaving a party or voting against its written directive without a pardon within 15 days.
- Merger exception
- Defection rules do not apply when at least two-thirds of a legislature party supports a merger with another political party.
- Sibal’s proposal
- Replace the Tenth Schedule and impose a 10-year ban on defectors from holding public or constitutional office.
- Cockroach Janta Party proposal
- Bar defectors from contesting elections or holding public office for 20 years.
- Lok Sabha development
- The article reports that 20 of the Trinamool Congress’s 28 MPs announced plans to leave the party and join the Nationalist Citizens Party of India while supporting the BJP-led NDA.
- West Bengal dispute
- Ritabrata Banerjee’s faction is seeking recognition as the Trinamool Congress, including its name, organisation, assets and election symbol.
- Related examples
- The article also cites splits involving the Aam Aadmi Party, Shiv Sena and Nationalist Congress Party.
Quotes
Kapil Sibal
Former Union law minister and independent Rajya Sabha member
“Senior Advocate Kapil Sibal's proposal to ban any MP and MLA who gets elected on Party X's symbol and later defects to Party Y for money or under pressure should be welcomed. He calls for a 10-year ban”
livemint.com
“They can’t do that because 20 MPs out of 28 MPs have left the party and have defected. They are liable to be disqualified under the tenth schedule”
livemint.com
Sources
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