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Congress MP Manish Tewari on Thursday submitted an Adjournment Motion Notice in the Lok Sabha, seeking a discussion on the contours of a new Anti-Defection Law.
In his notice, Tewari called for a legal framework that can prevent "mass political defections driven by opportunism" and those not based on genuine ideological or policy differences. The Congress leader stressed the need for a balance between curbing political defections and protecting the right to "honest and critical dissent" among elected representatives inside and outside Parliament and state legislatures. Tewari has urged the House to take up the matter for a detailed discussion, highlighting the need to revisit the existing anti-defection provisions and strengthen democratic accountability. The Tenth Schedule, also known as the anti-defection law, was added to the Constitution through the 52nd Constitutional Amendment Act in 1985. It provides for the disqualification of lawmakers who switch parties or defect. The law applies to members of Parliament and state legislatures under Articles 102(2) and 191(2) of the Constitution. Earlier on July 27, the Supreme Court 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. 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)
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