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Centre Overturned Eight Elected Governments, Misusing Anti-Defection Law: Kapil Sibal

The anti-defection statute, which was brought into force in 1985, was made stricter in 2002 to prevent political switchovers. 

Centre Overturned Eight Elected Governments, Misusing Anti-Defection Law: Kapil Sibal Kapil Sibal said the CBI cannot act without the permission of the central government while the Enforcement Directorate (ED) can go anywhere without seeking the permission of the central government.

NEW DELHI: Hitting out at the BJP-led central government, senior advocate and former Congress leader, Kapil Sibal, on Saturday said the Centre 'overturned' eight elected governments and that the 10th schedule has become a "defectors' paradise". Claiming that the goverment had pitted itself against the citizens, Sibal said the 10th Schedule of the Constitution, which is intended to stop political defections motivated by the promise of office, material advantages, or other similar factors, was being misused under the current regime.

The anti-defection statute, which was brought into force in 1985, was made stricter in 2002 to prevent political switchovers. "The 10th schedule has become a defectors' paradise. After 2014, 8 governments were overturned. No other democratic country in the world does this by paying money or taking money from people," Sibal said at a press conference in the national capital on Saturday. 

He said the CBI cannot act without the permission of the central government while the Enforcement Directorate (ED) can go anywhere without seeking the permission of the central government. "The CBI cannot take action without the permission of the central government but the Enforcement Directorate can go anywhere without seeking the consent of the central government. The fact of the matter is that we are in a situation where we see the government versus the citizens but we want a government for citizens, not against," he said. 

He said he has launched a dedicated website, 'Insaaf ke Sipahi', and would urge fellow lawyers io raise their voices against injustice through this cyber platform. Referring to recovery of Rs 6 crore in alleged bribe money during a raid by the Karnataka Lokayukta on a sitting BJP MLA Maadal Virupakshappa's son Prashant Maadal, the former Union minister said that no action has yet been taken against the MLA's son. 

He added that had it been a Congress leader, the situation would have been different. "Did the ED go to Karnataka? If he was a Congress leader, the ED would have reached his residence and action would have been taken," added Sibal. Earlier on Thursday, Karnataka Lokayukta officers caught Virupakshappa's son while he was allegedly accepting a bribe of Rs 40 lakh.

"The anti-corruption branch of Lokayukta yesterday caught Prashanth Maadal, son of BJP MLA Maadal Virupakshappa while taking a bribe of Rs 40 lakh. Over Rs 1.7 crore in cash was recovered from his office," Karnataka Lokayukta said. Meanwhile, Congress leaders led by former chief minister Siddaramaiah, were detained on Saturday by the police while taking out a protest march against the Karnataka government.

According to the Lokayukta, more than Rs 1.7 crore in cash was found at Prashanth Madal`s office. Significantly, in the light of the seizure of cash from his son`s house, the BJP MLA on Friday stepped down as the chairman of Karnataka Soaps and Detergents Limited Limited.