Politics
Kapil Sibal Proposes Stricter Anti-Defection Measures Amidst Political Splits
Senior advocate and former Union Law Minister Kapil Sibal has proposed a ban on Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) who defect from their political parties. The Cockroach Janta Party (CJP) has supported this proposal, with its national convener Abhijeet Dipke calling it a “need of the hour.”
During a talk in Kochi, Keralam, Sibal advocated for amendments to the Tenth Schedule of the Constitution, also known as the Anti-Defection Law. He highlighted that the current law allows for mass walkouts without disqualification if two-thirds of a legislative party merges with another, treating it as a party merger rather than individual defections. Sibal emphasized that a merger should be between political parties, not a collective walkout by legislators.
Sibal, an independent member of the Rajya Sabha, suggested either scrapping the Tenth Schedule and replacing it with a provision that disqualifies any legislator changing parties mid-term for 10 years from holding public office or any constitutional position, or amending it to close existing loopholes. He also argued against resignation or merger providing an exemption from such disqualification.
Saurav Das, co-convener of CJP, supported Sibal's proposal, noting its alignment with their first demand charter. He stated that Sibal's call for a 10-year ban on MPs and MLAs who defect for financial gain or under pressure should be welcomed. Sibal served as the Union Minister for Law and Justice from May 2013 to May 2014 under the United Progressive Alliance (UPA) government.
CJP's first demand charter, released by Abhijeet Dipke, proposes even stricter measures, suggesting a 20-year ban on individuals from holding any public office or contesting elections. Dipke reiterated this demand on X, stating, “Any elected representative who switches parties after being elected should be barred from holding public office.”
The issue of defection has gained renewed attention due to recent political developments. In the Lok Sabha, 20 out of 28 Trinamool Congress (TMC) MPs have announced their departure to join the Nationalist Citizens Party of India (NCPI) and support the BJP-led NDA. In West Bengal, a faction led by Ritabrata Banerjee is seeking recognition as the TMC, claiming support from a majority of the party's newly elected MLAs. The Election Commission is currently assessing the competing claims of the Ritabrata and Mamata Banerjee factions.
These situations highlight the Tenth Schedule's provision that protects legislators from disqualification when two-thirds of a legislative party merges with another. Similar issues arose earlier this year when seven Aam Aadmi Party Rajya Sabha MPs joined the BJP, also invoking the two-thirds merger provision. Past splits within the Shiv Sena in 2022, led by Eknath Shinde, and the Nationalist Congress Party in 2023, led by Ajit Pawar, also involved similar circumstances.
The Anti-Defection Law outlines the process for disqualifying MPs and State Legislatures (MLAs/MLCs) for defecting. An elected member can be disqualified if they voluntarily give up party membership or vote/abstain contrary to their party's written directive, unless pardoned within 15 days. An exception exists if at least two-thirds of the legislators in a legislative party vote in favor of a merger with another party.
Experts state that in the current TMC situation, the two-thirds approval would apply only if the entire TMC party merges, not just a bloc. Therefore, rebel MPs cannot take independent action under the law unless their party merges with another. Former Lok Sabha Secretary General PDT Achary stated that 20 out of 28 TMC MPs leaving the party makes them liable for disqualification under the Tenth Schedule, as the law treats them as defectors without a full party merger.