The Bombay High Court has asked the central government to respond within six weeks to a Public Interest Litigation (PIL) challenging the constitutional validity of paragraph 4 in the 10th schedule, which permits defection in the event of a merger by two-thirds of a legislative party’s members. The bench, led by Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor, also issued a notice to Attorney-General R Venkataramani, as the constitutional validity of paragraph 4 is contested in the petition. The provision exempts members of the legislature from disqualification if two-thirds of a legislative party consents to a merger with another political party.
The petitioner, Meenakshi Menon, a social activist and founder of NGO Vanashakti, was directed to file a rejoinder, if any, within two weeks after the center’s reply. The court will hear the petition after eight weeks. The PIL argues that paragraph 4 violates the “basic structure” of the Constitution, restricting the power of Parliament or the legislature to alter fundamental features. The petition seeks a declaration that defecting legislators are not entitled to participate in House proceedings or hold any constitutional post until their disqualification issue is decided.
