Supreme Court of India Hears Plea Challenging Anti-Defection Law

The Supreme Court of India agreed on July 27, 2026, to hear a public interest litigation challenging the interpretation of the Tenth Schedule of the Constitution. Filed by independent Rajya Sabha MP and senior advocate Kapil Sibal, the plea targets Paragraph 4, which allows legislators to avoid disqualification under the anti-defection law by claiming a merger with another political party.

Sibal argues the current interpretation enables horse trading and wholesale defections, which could allow a minority party to become a majority and undermine the democratic mandate. The petition follows recent instances of lawmakers from the Shiv Sena (UBT), Trinamool Congress, and Aam Aadmi Party joining the Bharatiya Janata Party and other parties through merger provisions.

A bench comprising Justices PS Narasimha and Alok Aradhe issued a notice to the Central government and tagged the plea with a pending matter involving MLA defections in Goa. While the bench observed that the Tenth Schedule was created by Parliament and such issues are typically raised on the floor of the House, the court agreed to examine the legal interpretation of the law.