Panaji: The Supreme Court (SC) on Monday issued a notice to the Centre on a plea filed by independent Rajya Sabha MP and senior advocate Kapil Sibal seeking reconsideration of the interpretation of the merger provision under the anti-defection law. The court tagged the plea with the pending case relating to the defection of Goa MLAs filed by GPCC chief Girish Chodankar.
A bench of Justices PS Narasimha and Alok Aradhe said that several issues raised in the plea may require the Parliament’s consideration. The bench also said the Tenth Schedule, which applies to lawmakers, was passed by the Parliament and it was for lawmakers to devise a mechanism.
Sibal, appearing in person, has sought a declaration that Paragraph 4 of the Tenth Schedule to the Constitution should apply only when the original political party merges with another party, and not when two-thirds of a legislature party alone claim a “deemed merger” to avoid disqualification.
The plea contends that allowing legislators to engineer mergers without the parent political party merging with another party undermines representative democracy, violates the voters’ mandate and is contrary to the Constitution’s basic structure. It questions the existing interpretation that allows splinter groups to escape disqualification under the anti-defection law by claiming a merger with another political party.
Sibal said the issue has “huge repercussions on our polity” as a minority party can become a majority and a majority can become a minority through the merger provision. Referring to the Goa matter pending before the court, he said, “Electoral verdict can be changed through this process. A majority can become minority and a minority can become majority.”
Sibal said similar matters were pending before the Supreme Court. He informed the court that a petition filed by the Shiv Sena (Uddhav Balasaheb Thackeray) challenging the Lok Sabha Speaker’s approval of the merger of some of its MPs with the Shinde Sena was listed before Justice Narasimha’s bench.
The plea was filed by Sibal in his personal capacity. On July 22, he had sought an urgent listing, saying it concerned whether the composition of Parliament could change in the manner it was happening in the country and the interpretation of Paragraph 4 of the Tenth Schedule in that context.
The plea comes against the backdrop of MPs from the AAP, TMC and Shiv Sena (UBT) joining the BJP and other political parties by invoking the merger provisions under the Tenth Schedule.
