Rajya Sabha MP and Advocate Kapil Sibal has filed a writ petition in the Supreme Court challenging the interpretation of the Tenth Schedule of the Constitution, which allows legislators to avoid disqualification by merging with another party.The petition comes amid disputes over mergers of 6 Uddhav Sena MPs and 20 Trinamool Congress MPs with the ruling NDA.Sibal argues that the anti-defection law is being rendered ineffective as rebel legislators use party mergers to bypass disqualification.
The Tenth Schedule disqualifies legislators who leave their party or vote against party directions, but exempts mergers if at least two-thirds of the legislature party agree.Sibal's petition was listed before a bench of Chief Justice Surya Kant and Justice Joymalya Bagchi.Similar cases, including Shiv Sena's challenge against Lok Sabha Speaker Om Birla's merger approval, are pending.
The Trinamool Congress faces internal factionalism after losing Assembly polls, with 3 MPs resigning and joining BJP, reducing their Rajya Sabha strength.The article highlights the legal and political implications of party mergers undermining the anti-defection law's intent.
Original title: Rajya Sabha MP Kapil Sibal moves Supreme Court against political defections through party mergers
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