SC agrees to hear Kapil Sibal's plea on interpretation of Tenth Schedule

NEW DELHI: The Supreme Court on Wednesday agreed to list for hearing on July 27 a plea filed by senior advocate Kapil Sibal seeking reconsideration of the interpretation of the Tenth Schedule of the Constitution, which allows MLAs and MPs to avoid disqualification under the anti-defection law by claiming a merger with another political party.

A bench comprising Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana was urged by Sibal, an Independent Rajya Sabha MP, that he has filed a plea in personal capacity and it may be listed for an urgent hearing.

"I have filed a petition in person. It relates to the issue of whether the composition of Parliament can change in the fashion in which it is happening in this country and the interpretation of the Tenth Schedule paragraph four in that context," the senior lawyer said.

He said that similar pleas are pending in the top court and a petition filed by Shiv Sena (UBT) challenging the Lok Sabha speaker's approval of the merger of some of its MPs with the Shinde Sena is listed today before a bench headed by Justice PS Narasimha.

Taking note of the submissions, the CJI agreed to list Sibal's petition for hearing on Monday.

The plea comes against the backdrop of MPs from AAP, Trinamool Congress and the Shiv Sena (UBT) joining the ruling BJP and other political parties by invoking the merger provisions under the Tenth Schedule.