Private Citizens Free To Change Party Loyalties; 10th Schedule Can't Be Challenged For Exempting Non-Elected Persons: Supreme Court

The Supreme Court on Friday (September 20) dismissed a writ petition challenging the constitutionality of the 10th Schedule of the Constitution. The Court also noted that the validity cannot be challenged on the ground that anti-defection laws do not apply to private individuals changing their political loyalties. 

The 10th Schedule was introduced by 52nd Constitutional Amendment in 1985 which laid down anti-defection laws for members of the house of legislatures at center and states. The aim of the amendment was to prevent MPs to switch from one party to another after being elected to the Parliament / state legislature. 

The petitioner in person argued that while the constitution is applicable to all citizens, the insertion of Schedule 10 is only limited to the members of the legislature, leaving behind the aspect changing political allegiance of a non-member. The bench led by CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra was hearing the matter. 

CJI opined the main objective of the anti-defection laws was to restrain members of the Parliament from switching their political allegiance and not private citizens as the conduct of the former would lead to political instability in forming governments. 

"But you tell us  how they could have dealt with the issue of defection by private citizens from one party to another? Private citizens who belong to party A can switch to party B, there is no bar." 

"Private Citizens are free to change their party loyalties, there is no bar on a private citizen professing loyalty to any political party...but the constitutional amendment was to deal with a particular evil which was defections within the house of the legislatures" CJI added. 

The bench while dismissing the petition observed that the constitutional validity of the 10th Schedule has been upheld in the Constitution Bench decision of Kihoto Hollohan vs Zachillhu And Others. In the said decision the Top Court upheld the validity of 52nd Constitutional Amendment as well as the insertion of Schedule 10 and observed that act of defection cannot be protected by freedom of conscience, right to dissent under Article 19 (1)(a). 

Case Details : AJIT VISHNU RANADE Versus UNION OF INDIA W.P.(C) No. 500/2024 

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