Kapil Sibal Moves Supreme Court against MP and MLA Defections, Says 10th Schedule Being Rendered Moot
Debayan Roy (Bar  and  Bench) 22 July 2026
Senior Advocate Kapil Sibal has moved a petition before the Supreme Court raising concerns that the law against political defections is being rendered ineffective. 
 
The matter was mentioned this morning before a Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana.
 
"What is happening in this country? If this continues, 10th Schedule (of the Constitution of India) will become (moot)...There is another plea listed (UBT Sena)," Sibal said.
 
"We will list it," replied the CJI.
 
The matter concerns the effective implementation of the Tenth Schedule of the Constitution of India, which contains the anti-defection law aimed at preventing elected legislators from switching political parties after being elected.
 
Sibal's petition touches upon the merger of opposition political parties. He has challenged an interpretation of the Tenth Schedule which allows splinter groups to escape the anti-defection law by adopting the route of merger.
 
Courtesy: Bar & Bench
Comments
vtgokhale
2 months ago
Supreme Court should hear this matter expediously along with appeal filed on the same matter by Shri Girish Chodankar, then Goa Congress chief which is pending for last few years. This will bring in decisive clarity to interpretation of paragraph 4(2) of the Tenth schedule of the constitution viz. anti defection law.
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