Scrap Tenth Schedule, Replace It With Simple Provision Disqualifying Legislators Changing Party Midterm: Kapil Sibal

Senior Advocate and Rajya Sabha Member of Parliament Kapil Sibal has called for the abolition of the Tenth Schedule's existing anti-defection framework and its replacement with a simpler constitutional provision that automatically disqualifies legislators who change political parties during their elected term.

Sibal's remarks come amid his ongoing challenge before the Supreme Court regarding the interpretation of the anti-defection law, particularly the "merger" exception contained in Paragraph 4 of the Tenth Schedule. Under the present framework, legislators may avoid disqualification if at least two-thirds of a legislature party agree to merge with another political party.

According to Sibal, this exception has increasingly been used to facilitate defections rather than prevent them, thereby undermining the original purpose of the anti-defection law. He has argued that the constitutional scheme intended to preserve political stability and voter mandates is being weakened through the misuse of merger provisions.

The petition filed by Sibal seeks judicial scrutiny of interpretations that allow legislators to claim protection from disqualification through so-called "deemed mergers." The Supreme Court has already issued notice on the matter and sought responses from relevant authorities.

The challenge raises broader constitutional questions about legislative accountability, democratic representation, and the effectiveness of India's anti-defection framework. Legal observers note that recent political developments across several states have reignited debate over whether the Tenth Schedule adequately deters opportunistic party switching.

Sibal has suggested that instead of maintaining complex exceptions and procedural safeguards, the Constitution should simply provide that any elected representative who changes party affiliation during the tenure of the legislature automatically loses membership. Such a model, he argues, would remove ambiguity and strengthen democratic integrity.

The matter is expected to contribute significantly to the ongoing national debate on political defections and the future of anti-defection jurisprudence in India.