India News | SC Notice to Centre on Kapil Sibal's Plea on Interpretation of Anti-defection Law
Get latest articles and stories on India at LatestLY. The Supreme Court on Monday issued notice to the Centre on a PIL filed by Kapil Sibal challenging the interpretation of the Tenth Schedule to the Constitution that permits legislators to avoid disqualification under the anti-defection law by taking the route of a political party merger.
New Delhi [India], July 27 (ANI): The Supreme Court on Monday issued notice to the Centre on a PIL filed by Kapil Sibal challenging the interpretation of the Tenth Schedule to the Constitution that permits legislators to avoid disqualification under the anti-defection law by taking the route of a political party merger.
A bench of Justices PS Narasimha and Alok Aradhe, after a brief hearing, issued notice to the Central government on the plea.
Noting "enormous issues" with India's anti-defection law, the bench remarked that the statute was a creation of the legislature. Such issues should ideally be raised on the floor of the House itself, the bench added.
"These are issues typically to be raised before the floor of the House; if not, then at least before political parties. 10th Schedule is intended to regulate the mechanism between the legislators. What transpired in the working of the 10th Schedule, we have been seeing, is enormous issues about the 10th Schedule. But who made it? It's the making of the members of parliament (MPs)," said Justice Narasimha.
Also Read | 'Unacceptable and Must Be Avoided': MEA Summons Ukrainian Ambassador Over Death of Indian Seafarer.
Sibal responded that the MPs can also go wrong at times, as the courts and the issue may never get resolved because it benefits those in power.
Sibal said that people in power will never allow the matter to be decided.
"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 a majority can become a minority," Sibal, who is also an MP, said.
Sibal questioned the constitutional interpretation of the provisions relating to mergers under the Tenth Schedule, saying that the existing interpretation allows splinter groups to escape the rigours of the anti-defection law by engineering mergers with other political parties. (ANI)
(The above story is verified and authored by ANI staff, ANI is South Asia's leading multimedia news agency with over 100 bureaus in India, South Asia and across the globe. ANI brings the latest news on Politics and Current Affairs in India & around the World, Sports, Health, Fitness, Entertainment, & News. The views appearing in the above post do not reflect the opinions of LatestLY)