Senior Advocate Kapil Sibal has filed a writ petition in the Supreme Court challenging the interpretation of the Tenth Schedule to the Constitution. Sibal argues that the current legal stance on political mergers is weakening the anti-defection law. The petition, directed against the Union of India, was registered under Diary No. 42846/2026 on July 20.
Appearing before Chief Justice of India Surya Kant’s Bench, Sibal raised concerns about the changing composition of Parliament due to recent political developments. He emphasized the need to review the interpretation of the Tenth Schedule, Paragraph 4, to address these issues. Sibal stressed that if the current trend persists, the anti-defection law could lose its effectiveness.
Expressing worry over the impact of ongoing political shifts, Sibal highlighted the risk of rendering the Tenth Schedule meaningless. He pointed out that the existing interpretation allows groups of legislators to evade disqualification under the anti-defection law by merging with other parties. Sibal’s plea questions the constitutional understanding of paragraph 4 of the Tenth Schedule, specifically regarding political party mergers.
