Kapil Sibal Criticises Parliamentarian Defections Amid Shiv Sena Political Turmoil

Rajya Sabha MP and senior advocate Kapil Sibal on Wednesday strongly criticised political defections by elected representatives, calling such moves “immoral, illegal and unconstitutional.” His remarks came amid growing political tension involving Shiv Sena (UBT) lawmakers, who have reportedly been in discussions that could lead to a possible shift in allegiance within Parliament. The development has also drawn attention to the ongoing debate over the anti-defection law and its interpretation by constitutional authorities.

In a post on social media platform X, Sibal questioned the legitimacy of MPs switching parties after being elected on a specific party symbol. He argued that if voters elect candidates based on a party symbol, it is not acceptable for those representatives to later join another party with a different symbol. He further raised a broader constitutional concern, asking, “Why elections?” if such post-election switching is permitted, reinforcing his criticism of the practice.

Meanwhile, Shiv Sena (UBT) MPs Arvind Sawant and Anil Desai, along with senior leader Sanjay Raut, met Lok Sabha Speaker Om Birla on Wednesday. The meeting took place against the backdrop of reports suggesting that six to seven Shiv Sena (UBT) MPs may be preparing to join the rival Shiv Sena faction led by Eknath Shinde. Following the meeting, the delegation submitted a formal representation requesting safeguards against what they described as potential unlawful defection.

Also Read: Railways Rejects Rahul Gandhi’s Claim Of Bihar Train Student Death Incident

Anil Desai clarified that under existing constitutional provisions, any merger claim requires strict conditions, including support of at least two-thirds of the MPs. He noted that only the original party can initiate a valid merger under the anti-defection framework, and even numerical strength alone does not automatically validate such a move. The MPs also emphasised that the Speaker holds key discretion in determining whether any proposed merger complies with the law.

Separately, political attention has also been drawn to a similar development involving Trinamool Congress (TMC) MPs, where a group of rebel lawmakers recently met the Lok Sabha Speaker and announced a merger with a lesser-known Tripura-based party. The move has sparked debate within political circles, with the parent party calling it a violation of the anti-defection law and questioning its legality under constitutional norms.

Reiterating his position, Kapil Sibal maintained that no constitutional interpretation can justify such defections once an MP is elected on a party mandate. He described the practice as fundamentally against democratic principles and asserted that the matter ultimately rests with the judiciary. Concluding his remarks, he said the issue is now “over to the court,” signalling that legal scrutiny may determine the final outcome of such disputes.

Also Read: Tamil Nadu Government Releases White Paper Showing Rs 13.18 Lakh Crore Liabilities