Archive · 27 Jul 2026
SC to hear plea on anti-defection law interpretation
The Supreme Court has agreed to hear a plea by Kapil Sibal, a senior advocate and independent Rajya Sabha MP, who is asking the court to reconsider how the anti-defection law is being interpreted.
This law, part of the Tenth Schedule of the Constitution, allows legislators to switch parties without facing disqualification if they merge with another party.
Sibal argues that this provision is being misused, leading to changes in the composition of Parliament.
The court has noted that there are several issues involved and that Parliament should address them.
The plea comes after several MPs from different parties joined the ruling BJP by invoking the merger provisions.
The court has also linked Sibal's plea to a similar matter involving MLAs from Goa.
The Supreme Court agreed to hear Kapil Sibal's plea on the interpretation of the anti-defection law.
Sibal argues that the merger provisions under the Tenth Schedule are being misused.
The court noted that Parliament should address the issues related to the anti-defection law.
The plea comes against the backdrop of MPs from various parties joining the BJP by invoking the merger provisions.
The court has tagged Sibal's plea with a similar matter involving MLAs from Goa.
- Who
- Kapil Sibal, Supreme Court of India
- What
- Plea for reconsideration of the interpretation of the Tenth Schedule of the Constitution
- When
- July 27
- Where
- New Delhi
- Why
- To address the misuse of the anti-defection law and its impact on the composition of Parliament
Proponents of Anti-Defection Law
Critics of Anti-Defection Law
Merger Provisions
Proponents of Anti-Defection Law
The merger provisions under the Tenth Schedule are necessary to allow political realignment and prevent artificial disqualification of legislators.
Critics of Anti-Defection Law
The merger provisions are being misused to facilitate defections and change the composition of Parliament, which has serious implications for democracy.
- Petitioner
- Kapil Sibal
- Court
- Supreme Court of India
- Law in Question
- Tenth Schedule of the Constitution (Anti-Defection Law)
- Bench
- Justices PS Narasimha and Alok Aradhe
- Related Matter
- Defection of MLAs from Goa
Sources
SC seeks Centre’s reply on Kapil Sibal’s plea on interpretation of anti-defection law
Supreme Court seeks Centre’s reply on Kapil Sibal’s plea over anti-defection law
SC to Hear Kapil Sibal's Plea on Anti-Defection Law
SC Agrees To Hear Kapil Sibal's Plea Seeking Review Of Anti-Defection Law's Merger Provision