Former Union Minister Kapil Sibal suggested that anyone who changes their political party during an active term should be disqualified from contesting elections and serving as an elected representative for the next five or ten years. 

He was delivering a talk on horse-trading and democracy at an event conducted by the Kerala State Committee of the All India Lawyers Union (AILU), on Sunday (September 13, 2026). “I have a confession, I am a Dimagi Naxal” he declared as he began his speech.

The Tenth Schedule of the Constitution, which deals with anti-defection, provides that a Member of Parliament would not be disqualified for defection if his political party merged with another political party and two-thirds of the party agreed to the merger.

The clause, which was designed to protect political realignment, has now become the preferred instrument of wholesale defection, he noted.

Also read| Defection as merger: On politics, the wave of defections

“Those in power will not hurry to close a loophole that benefits them. If one accepts that two-thirds of a legislative party may rewrite an election, it will subordinate the significance of the people’s will to post-poll arithmetic,” Mr. Sibal said.

He proposed that the Tenth Schedule should be reworked so that a merger would simply mean a merger of political parties and not a mass walkout by legislators. “Any inducement, be it cash, office, contracts or the quashing of an enquiry, must be treated as corruption and not as the ordinary give-and-take of politics,” he pointed out.

“The harm caused by the reality of political defection is not technical; it is foundational,” Mr. Sibal said. “The people’s mandate after an election ends up falsified, as the electoral verdict can change when legislators switch sides. When the citizens’ mandate is treated as a transferable asset, the promise of a democracy ends up dishonoured. Legislators changing political parties mid-term weakens their accountability, both to the citizens and within parties. Public faith declines in investigative agencies, Governors, Speakers of Legislative Assemblies and Courts when they are drawn into the making of majorities, while processing defection petitions. When regional parties, representing distinct political communities, are absorbed through defection, the different voices of the public are not just defeated; they are taken over,” Mr. Sibal stated. 

He commended the Union’s concern over the issue and noted that it was not by accident that Keralam was spared the crudest versions of defection; it was because of the political culture, a party system and a vigilant public. 

AILU State president and senior lawyer K. Gopalakrishna Kurup presided over the meeting. AILU secretary N.C. Mohanan welcomed the gathering, and Joint Secretary N. Manoj Kumar proposed the vote of thanks.

Former Vice-President M. Venkaiah Naidu on Tuesday called for stricter implementation of the Anti-Defection Law and urged amendments to the 10th Schedule of the Constitution to make it more robust.

Addressing a function here where a book on him was released, Mr. Naidu expressed concern over the growing trend of elected representatives switching parties. He said there should be a clear timeline for disqualification in such cases. “The process must be triggered within three months of a legislator changing parties,” he said.

He noted that the issue has become increasingly common, with leaders competing to defect. Referring to past instances, he said criticism had arisen when leaders such as C.M. Ramesh, Sujana Chowdary and T.G. Venkatesh switched parties during his tenure as Chairman of the Rajya Sabha. “I did not appreciate such developments then either,” he said.

Mr. Naidu pointed out that in Telangana, several petitions related to defections by MLAs remain pending before the Speaker. “It is wrong for any political party to encourage defections. This is my personal view,” he said.

The former Vice-President also criticised what he described as a growing tendency among political parties to promise ‘freebies’ without fiscal prudence. He said governments must assess their financial position before making such commitments.

“Once the 20th of the month arrives, governments struggle to arrange funds to pay salaries by the 1st of the next month. The Chief Minister himself has said salaries cannot be paid on time. In such a situation, why announce more schemes that strain finances, especially when States are dependent on Central funds?” he asked.

He said both Telangana and Andhra Pradesh were facing financial stress and called on political leaders to explain how funds for welfare schemes would be mobilised before making announcements. Mr. Naidu also questioned the necessity of certain schemes.

Referring to free bus travel for women, he asked whether such measures were sustainable for public transport systems. “In another State, there is even talk of extending free travel to men. Can RTCs survive under such conditions?” he asked.

He emphasised that people are not seeking free schemes but better governance. “What the public requires is quality education, accessible healthcare and improved living standards for the poor,” he said. Odisha Governor K. Haribabu, Tripura Governor N. Indrasena Reddy, Union Minister for Coal and Mines G. Kishan Reddy, among others, were present at the event.