Anti-defection law explained: Why is it in focus again and what has Kapil Sibal proposed?

The Cockroach Janta Party (CJP) has endorsed the proposal by Kapil Sibal, a former Union Law Minister, to ban MPs and MLAs who defect from their political parties. Sibal made this suggestion during a talk on "Horse Trade and Democracy" in Kochi, Kerala. He argued that the current Anti-Defection law, which focuses on the Tenth Schedule of the Constitution, fails to address the issue of party mergers acting as loopholes for mass defections.

Sibal proposed amending the Tenth Schedule to clarify that a merger is a genuine merger of political parties and not a collective walkout by legislators. He suggested scrapping the entire Tenth Schedule and replacing it with a provision that would disqualify any legislator who changes parties mid-term. Sibal's proposal calls for a 10-year ban on such defectors holding public office or any constitutional position. His co-convener, Saurav Das, supported the idea, stating that it aligns with their first demand charter.

The proposal has gained renewed focus due to the ongoing split within the Trinamool Congress in the Lok Sabha and the West Bengal Assembly. The CJP's proposed 20-year ban goes further than Sibal's initial suggestion, aiming to bar defectors from both contesting elections and holding public office for a more extended period.