Don't see need to amend anti-defection law, Centre tells Parliament

File image: Parliament

The central government does not see the need to make changes to the anti-defection law, Kiren Rijiju, Minister of Law and Justice, told the Parliament on July 21.

"Tenth Schedule of the constitution provides for the prevention of defection of the elected/nominated members from their political party and contains stringent provisions for curbing the menace of switching over of legislators," Rijiju said in a written reply to a question in the Rajya Sabha.

"Since the provisions of the Tenth Schedule have stood the test of time and several judicial scrutinies, there does not appear to be any need for carrying out any amendments as of now," the minister added.

The comments by the law minister come in the wake of a political crisis in Maharashtra that led to the fall of the Maha Vikas Aghadi (MVA) government after the Supreme Court refused to stay the floor test in the state assembly late last month.

Uddhav Thackeray resigned as chief minister on June 29 after a faction of Shiv Sena legislators, led by Eknath Shinde, rebelled. Shinde went on to become chief minister following Thackeray's resignation, with help from the Bharatiya Janata Party. A week later, the Thackeray-led Shiv Sena legislators filed a plea in the apex court challenging Maharashtra Governor Bhagat Singh Koshyari's decision to invite Shinde to form the government.

Interestingly, while Rijiju said in his written response today in the Rajya Sabha that there was no need to amend the anti-defection law, the Supreme Court observed on July 20 that some "important constitutional issues" had emerged from the pleas filed following the Shiv Sena rebellion and Shinde taking oath as chief minister.

A three-judge bench headed by Chief Justice NV Ramana said a larger bench could be required to take a call on these issues.

The apex court has given time till July 27 to frame issues for the bench, with the matter to be heard on August 1.