Enormous Issues with 10th Schedule: Supreme Court Seeks Centre's Response to Kapil Sibal Plea

Ritwik Choudhury (Bar and Bench) 27 July 2026

Economy & Nation

The Supreme Court on Monday remarked that there were "enormous issues" with India's anti-defection law, but that it was made by lawmakers sitting in parliament.

A Bench of Justice PS Narasimha and Justice Alok Aradhe made the comment while hearing a petition moved by Senior Advocate Kapil Sibal to challenge the current interpretation of the Tenth Schedule of the Constitution, which contains the anti-defection law.

The Court remarked that such issues should ideally be raised on the floor of the House itself.

"Tenth Schedule is intended to regulate the mechanism between the legislators. We have [upheld] the Tenth Schedule. We have been seeing it. There are enormous issues with Tenth Schedule. But who made it? It’s the making of the MPs," the Bench said.

Sibal responded that the members of parliament (MPs) can also go wrong at times like the courts. He added that the issue may never get resolved because it benefits those in power.

The Court then proceeded to issue notice to the Union government on Sibal's plea which touches upon issues like merger of political parties.

"There are many issues. We will issue notice," it said.

Sibal, who is himself an MP, has challenged an interpretation of the Tenth Schedule which allows splinter groups to escape the anti-defection law by adopting the route of merger.

The Court today asked Sibal why he had moved a petition under Article 32. Sibal responded that a related matter is already pending before the top court.

"That Goa matter. Listed before a three judge bench. But apart from that this has huge repercussions to our polity. A political party has to take the decision. 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 majority can become minority," he said.

Courtesy: Bar & Bench

Comments

User

Economy & Nation

Agitation Can't Justify Police Excesses: Supreme Court on Brutality against Protestors

Debayan Roy (Bar and Bench) 27 July 2026

Right to hold peaceful protests is guaranteed under law and police excesses on such agitations cannot be justified, the Supreme Court orally remarked on Monday (Shailendra Mani Tripathi vs. Union of India and Ors). A Bench of...

Economy & Nation

PM Modi Announces New Exam Reforms Panel under Nandan Nilekani, Opposition Questions Need for Another Committee

Moneylife Digital Team 27 July 2026

Prime minister (PM) Narendra Modi on Sunday announced the constitution of a high-powered task force on examination reforms under the leadership of Infosys co-founder Nandan Nilekani, saying the panel's recommendations will help build...

Economy & Nation

Cockroach Janta Party Calls Off Agitation After Govt Accepts Key Demands, Dharmendra Pradhan Resigns Amid NEET Paper Leak Scandal

Moneylife Digital Team 25 July 2026

Dharmendra Pradhan resigned as Union minister of education on Saturday, citing the need to protect students' futures and prevent anti-national forces from exploiting the ongoing protests over the National Eligibility-cum-Entrance Test...

Economy & Nation

Ghosts of Development: Infrastructure the India Builds but Doesn't Use

Sucheta Dalal, 24 July 2026

Last week, this column talked about falling bridges – especially in Bihar—and India’s crumbling infrastructure. Almost immediately after, the Times of India reported on an even more surreal example of wasteful planning — a ghost...