Supreme Court to Hear Petition Targeting Loopholes in Anti‑Defection Rules

Veteran lawyer Kapil Sibbal approached the Supreme Court on July 20, filing a petition that points to the weakening of anti‑defection measures in India. The petition argues that political parties are exploiting gaps in the Tenth Schedule to facilitate defections through mergers, thereby bypassing the law’s protective framework.

During a session before a bench chaired by Chief Justice Surya Kant, Sibbal highlighted recent instances where legislators switched allegiance after elections, raising concerns about the effectiveness of the existing statutory safeguards. He called for an urgent hearing to address these constitutional concerns.

Sibbal’s submission contests a restrictive interpretation of Paragraph 4, which he says enables fragmented factions to merge with larger parties without triggering anti‑defection penalties. He warned that the continued use of such tactics could render the Schedule’s provisions meaningless.

The Supreme Court assured that the matter will be listed for a detailed hearing. In parallel, the court will also consider a petition filed by Shiv Sena (UBT) MP Arvind Sawant, which challenges a Lok Sabha speaker’s ruling on the merger of six Shiv Sena (UBT) members with the main party.