AAP MPs' Defection to BJP Tests Anti-Defection Law Provisions

Hindustan Times - India · 28 Apr 2026 · 2 min read
Prelims · Polity Mains · GS2 Polity and constitution High relevance

Seven AAP Rajya Sabha MPs, including Raghav Chadha, defected to BJP, invoking the two-thirds merger clause under the Tenth Schedule to avoid disqualification, marking a significant political realignment and testing the robustness of anti-defection laws.

Key points

Raghav Chadha, a founding member of AAP and Rajya Sabha MP, defected to BJP citing a 'toxic work environment' and alleged suppression of dissent within AAP.

The defection involved seven out of ten AAP Rajya Sabha MPs, meeting the two-thirds threshold required under the Tenth Schedule of the Constitution to avoid disqualification.

Tenth Schedule (Anti-Defection Law) permits defection if at least two-thirds of a party's members agree to merge with another party, a provision invoked in this case.

AAP has accused the defecting MPs of 'betrayal,' while the BJP gains a significant numerical advantage in the Rajya Sabha ahead of key legislative sessions.

[GS2-Polity] This case tests the efficacy of the Anti-Defection Law, designed to curb opportunistic defections but often criticized for loopholes like the two-thirds merger clause.

The defection raises questions about internal party democracy and the role of dissent in political parties, a recurring theme in GS2 governance questions.

[GS3-Polity] The political realignment could impact Punjab's electoral dynamics, where AAP and BJP are key contenders, linking to federalism and state-party relations.

Chadha's public justification highlights growing scrutiny of workplace ethics in political parties, connecting to GS4 ethics in public administration.

Way Forward: Strengthen the Anti-Defection Law by revisiting the two-thirds merger clause, mandate transparency in intra-party decision-making, and establish an independent ethics committee for political parties to address grievances.

Key terms

Anti-Defection Law

The Anti-Defection Law (Tenth Schedule) aims to prevent political defections by disqualifying legislators who voluntarily give up party membership or vote against party whip. UPSC relevance includes its impact on party discipline, judicial interpretations (Kihoto Hollohan case), and debates about stifling legislative dissent.

Internal Party Democracy

Internal party democracy refers to democratic processes within political parties, including candidate selection, policy formulation, and grievance redressal. Its UPSC relevance stems from GS2 governance issues, electoral reforms, and the 170th Law Commission report advocating mandatory intra-party elections to strengthen democratic culture.

Tenth Schedule

The Tenth Schedule of the Indian Constitution, also known as the Anti-Defection Law, was added by the 52nd Amendment Act (1985). It disqualifies MPs/MLAs who defect from their party, with exceptions for splits (now removed) and mergers (if two-thirds of members agree). Its UPSC relevance lies in curbing political instability but facing criticism for loopholes and judicial overreach.

Rajya Sabha

The Rajya Sabha is the Upper House of India's Parliament, representing states and union territories. Members are elected by state legislatures using proportional representation. Its constitutional role includes federal balance, legislative review, and representing expertise. UPSC relevance includes its checks on Lok Sabha, role in money bills, and representation of states.