KERALAM : Former Union Minister and Rajya Sabha MP Kapil Sibal has proposed a strict 10-year ban on politicians who switch parties mid-term, arguing that such actions fundamentally undermine the democratic process and the sanctity of the public mandate. Speaking at an event hosted by the Kerala State Committee of the All India Lawyers Union (AILU) on Sunday, September 13, 2026, Sibal suggested that any representative who defects should be disqualified from contesting elections or holding office for a significant period.
Sibal, who opened his address with a self-described label of a ‘Dimagi Naxal,’ focused his critique on the current state of India’s anti-defection laws. He argued that the Tenth Schedule of the Constitution, originally intended to provide a framework for political stability, has been repurposed as a tool for wholesale defections. Under current rules, a member is not disqualified if two-thirds of their party merges with another, a clause Sibal believes is being exploited to bypass the will of the voters.
Reforming the Tenth Schedule to Protect Democracy:
The Rajya Sabha member contended that the current interpretation of party mergers allows for post-poll arithmetic to override the electoral verdict. He warned that when the mandate of the people is treated as a transferable asset, it dishonours the promise of democracy. Sibal stated that those in power are unlikely to close these loopholes voluntarily, as the current system serves their interests by allowing them to manipulate legislative majorities.
To address this, Sibal proposed a fundamental restructuring of the Tenth Schedule. He suggested that a legal merger should strictly involve the integration of political parties rather than serving as a mechanism for mass walkouts by individual legislators. Furthermore, he emphasized that any form of inducement—whether through financial gain, offers of office, government contracts, or the interference in legal inquiries—must be classified as corruption rather than accepted as standard political practice.
Impact on Public Trust and Institutional Integrity:
Beyond the technicalities of the law, Sibal highlighted the broader societal consequences of political instability. He noted that frequent defections erode public faith in critical institutions, including investigative agencies, the judiciary, and the offices of Governors and Speakers, as these bodies are often pulled into the process of validating manufactured majorities.
Sibal also pointed out that when regional parties are absorbed through these tactics, the distinct voices of the communities they represent are effectively silenced. He praised the political culture of Kerala, noting that the state has largely avoided the most extreme forms of defection due to its robust party system and a vigilant electorate. The event, which focused on the intersection of horse-trading and democratic values, was presided over by AILU State President and senior lawyer K. Gopalakrishna Kurup, with contributions from AILU secretary N.C. Mohanan and Joint Secretary N. Manoj Kumar.
