What happened: Supreme Court seeks Union government’s reply

The Supreme Court asked the Union government to file a reply to a plea submitted by senior advocate and political leader Kapil Sibal. Kapil Sibal’s plea concerns the interpretation of the Tenth Schedule of the Constitution, which is linked to the constitutional anti-defection law.

The Supreme Court’s order indicates that the Court will examine arguments on how the Tenth Schedule applies in cases involving political defection, and in cases involving voluntary giving up of membership. The matter will proceed after the Union government files its reply.

Background: what the Tenth Schedule is used for

The Tenth Schedule provides the constitutional basis for anti-defection consequences for legislators. In simple terms, it discourages legislators from switching political parties or support structures in ways treated as defection, because such switching can destabilise legislatures.

Anti-defection disputes often become disputes over interpretation. Courts and adjudicating bodies must determine whether a legislator’s conduct fits the legal triggers within the Tenth Schedule. Separate interpretive questions can arise when a legislator’s membership status is treated as voluntary giving up of membership.

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