Kapil Sibal's anti-defection overhaul plan wins CJP backing amid TMC split

A proposal by senior advocate and former Union Law Minister Kapil Sibal to disqualify legislators who switch parties has drawn support from the Cockroach Janta Party (CJP), which described the idea as the need of the hour.

Speaking at a talk titled 'Horse Trade and Democracy' in Kochi, Sibal called for changes to the Tenth Schedule of the Constitution so that party mergers cannot serve as "loopholes for mass walkouts". He pointed out that under the existing framework, a defection does not attract disqualification if two-thirds of a legislature party's members cross over to another party, a situation treated as a merger.

Sibal, an independent member of the Rajya Sabha, argued that the provision should be amended to ensure a merger remains a merger of political parties rather than a collective exit by legislators. He suggested replacing the Tenth Schedule altogether with a rule under which any legislator who changes parties mid-term would be barred from holding public office or any constitutional position for 10 years. Resignation or merger, he added, should not offer an exemption from such disqualification.

CJP national convener Abhijeet Dipke reiterated the demand in a post on X, stating that any elected representative who switches parties after being elected should be barred from holding public office. Co-convener Saurav Das welcomed Sibal's suggestion, noting that it aligns with the party's first demand charter. He said the charter, released by Dipke, proposes even stricter measures, including a 20-year ban on holding any public office or contesting elections.

Das described the breaking of political parties, the bribing of MPs with large sums and the toppling of governments as a fraud committed on the country. He called the anti-defection law outdated and accused the ruling party of misusing it in its pursuit of power.

The debate has gained renewed attention amid an ongoing split in the Trinamool Congress. In the Lok Sabha, 20 of the party's 28 MPs have announced they are leaving to join the Nationalist Citizens Party of India while extending support to the BJP-led NDA. In West Bengal, a faction led by Ritabrata Banerjee is seeking recognition as the TMC, staking claim to the party's name, organisational control, assets and election symbol, and claiming the support of a majority of newly elected MLAs. The Election Commission has begun assessing the competing claims of the Ritabrata and Mamata Banerjee factions.

The developments have put the spotlight on the Tenth Schedule provision that shields legislators from disqualification when two-thirds of a legislature party is deemed to have merged with another party. Similar situations have arisen before, including the decision of seven Aam Aadmi Party Rajya Sabha MPs to join the BJP earlier this year, and earlier splits in the Shiv Sena and the Nationalist Congress Party in Maharashtra.

The anti-defection law allows for disqualification if a member voluntarily gives up membership of the party on whose ticket they were elected, or if they vote or abstain contrary to a party whip and are not pardoned within 15 days. Experts note that in the present TMC case, the two-thirds threshold would apply only after the entire party merges with another, meaning rebel MPs cannot take independent action under the law unless such a merger occurs. Former Lok Sabha Secretary General PDT Achary said the MPs who have left are liable to be treated as defectors and disqualified as long as no merger takes place.