Enormous issues with Tenth Schedule: Supreme Court seeks Centre's response to Kapil Sibal plea

The Supreme Court on Monday remarked that there were "enormous issues" with India's anti-defection law, but that it was made by lawmakers sitting in parliament.

A Bench of Justice PS Narasimha and Justice Alok Aradhe made the comment while hearing a petition moved by Senior Advocate Kapil Sibal to challenge the current interpretation of the Tenth Schedule of the Constitution, which contains the anti-defection law.

The Court remarked that such issues should ideally be raised on the floor of the House itself.

"Tenth Schedule is intended to regulate the mechanism between the legislators. We have [upheld] the Tenth Schedule. We have been seeing it. There are enormous issues with Tenth Schedule. But who made it? It’s the making of the MPs," the Bench said.

Sibal responded that the members of parliament (MPs) can also go wrong at times like the courts. He added that the issue may never get resolved because it benefits those in power.

The Court then proceeded to issue notice to the Union government on Sibal's plea which touches upon issues like merger of political parties.

"There are many issues. We will issue notice," it said.

Sibal, who is himself an MP, has challenged an interpretation of the Tenth Schedule which allows splinter groups to escape the anti-defection law by adopting the route of merger.

The Court today asked Sibal why he had moved a petition under Article 32. Sibal responded that a related matter is already pending before the top court.

"That Goa matter. Listed before a three judge bench. But apart from that this has huge repercussions to our polity. A political party has to take the decision. Kindly have a look at the proposition. Please see the enormity of the problem. The electoral verdict can be changed. A minority can become a majority and majority can become minority," he said.