Supreme Court flags 'enormous issues' with anti-defection law, issues notice on Kapil Sibal's plea

New Delhi: The Supreme Court on Monday verbally observed that there were "enormous issues" with India's anti-defection law. But, the top court added, the law was made by lawmakers sitting in Parliament.

The observation came from a division bench of Justices PS Narasimha and Alok Aradhe during the hearing of a plea filed by senior advocate Kapil Sibal challenging the current interpretation of the Tenth Schedule of the Constitution, which contains the anti-defection law. The bench issued a notice to the Central government on Sibal's plea. "There are many issues. We will issue a notice," the bench observed.

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


"The 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 the Tenth Schedule. But who made it? It's the making of the MPs," the bench verbally remarked.

Sibal said MPs can also go wrong at times, like the courts, adding that the issue may never get resolved because it benefits those in power.

Sibal 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 bench on Monday asked Sibal why he had moved a petition under Article 32. Sibal responded that a related matter is already pending before the top court.