Mass Defection of AAP Rajya Sabha MPs to BJP Tests Anti-Defection Law Provisions

Hindustan Times - India · 25 Apr 2026 · 2 min read
Prelims · Polity Mains · GS2 Polity and constitution High relevance

Seven out of ten 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 ahead of Punjab elections.

Key points

Raghav Chadha led seven AAP Rajya Sabha MPs in defecting to BJP, constituting over two-thirds of AAP's Upper House strength, leveraging the merger provision under the Tenth Schedule of the Constitution to avoid disqualification.

The defectors include Sandeep Pathak (former AAP general secretary) and Ashok Mittal (recently appointed deputy leader), indicating deep fractures within AAP's leadership ahead of Punjab assembly elections.

Swati Maliwal, who had publicly feuded with Arvind Kejriwal, confirmed her exit, highlighting persistent internal dissent within AAP since her 2024 legal battle with Kejriwal's aide.

[GS2-Polity] The move tests Paragraph 4 of the Tenth Schedule, which permits defection without disqualification if two-thirds of a party's legislators merge with another party, a provision originally meant for party splits but now used for engineered defections.

AAP's Rajya Sabha leader Sanjay Singh announced plans to seek disqualification of defectors, but legal experts note the two-thirds merger clause may protect them if properly executed and recognized by the Chairman.

[GS3-Polity] The defection could boost BJP's Rajya Sabha tally to 113 (NDA 148), nearing the two-thirds majority required for constitutional amendments, altering the federal balance of power.

The mass defection reflects institutional erosion of anti-defection laws, as engineered mergers circumvent the spirit of the Tenth Schedule meant to curb opportunistic party-switching.

Punjab's political landscape faces upheaval as six defectors represent the state, potentially impacting AAP's electoral prospects in the 2027 assembly elections.

Way Forward: Amend the Tenth Schedule to require fresh by-elections for merged legislators, establish an independent tribunal under the Election Commission to adjudicate merger claims, and impose cooling-off periods before defectors can hold ministerial office.

Key terms

Tenth Schedule

The anti-defection law introduced via the 52nd Constitutional Amendment (1985) and amended by the 91st Amendment (2003), which disqualifies legislators for voluntarily giving up party membership or voting against party whip, except in cases of two-thirds merger (Paragraph 4) or party dissolution. Critical for maintaining party discipline but often circumvented through engineered defections.

Rajya Sabha

The Upper House of India's Parliament representing states (238 elected) and Union Territories (12), with 12 nominated members. Key for federalism as states have proportional representation. Plays crucial role in non-money bills, constitutional amendments, and checking hasty legislation. Members serve 6-year terms with one-third retiring biennially.

Two-Thirds Merger Clause

Paragraph 4 of the Tenth Schedule allowing two-thirds of a party's legislators to merge with another party without disqualification. Intended for genuine party splits but exploited for wholesale defections, undermining the anti-defection law's intent to curb political opportunism.

Disqualification Powers

Vested in the Speaker/Chairman under the Tenth Schedule, subject to judicial review (Kihoto Hollohan case). Recent controversies involve perceived partisan delays in deciding cases, eroding public trust in legislative institutions' impartiality.