New Delhi : With the Aam Aadmi Party’s 2/3rd Rajya Sabha Members of Parliament announced aligning with the Bhartiya Janata Party, the crossover has triggered a fresh anti-defection debate, but the group appears to be using the merger exception under the Tenth Schedule to stay clear of disqualification. With seven of AAP’s 10 MPs reportedly moving together, the two-thirds threshold may protect their seats while giving the BJP a stronger hand in the Upper House.
What is the Anti-Defection Law?
According to the tenth Schedule of the Constitution of India, inserted by the 52nd Amendment Act, 1985, to stop elected legislators from switching parties for political gain, the Anti-Defection law allows a legislator to be disqualified if they:
- voluntarily give up membership of their party, or
- vote or abstain from voting against the party whip without permission.
The law applies in both Parliament and state legislative assemblies. Disqualification questions are decided by the Speaker or Chairman of the House.
But here is the twist: how AAP MPs can avoid disqualification. A major exception exists if at least two-thirds of a party’s legislators agree to merge with another party. In that case, the members who move and those who stay are generally protected from disqualification.
Why no Disqualification for Raghav Chaddha and Co.
The seven AAP MPs are trying to present the move as a merger, not an individual defection. In that framing, the legal protection applies because the merger clause is the exception built into the law.
Here is how the Aam Aadmi Party (AAP) had 10 Rajya Sabha MPs, and seven equals exactly two-thirds, which is why the group is being described as crossing the safe legal line.
When the merger condition is met, neither the MPs who join the other party nor those who remain are supposed to face disqualification. That is the basis on which these MPs are arguing that they can keep their seats.
