Rajya Sabha Members Merge with BJP Citing Anti Defection Law Merger Provisions

The defection of six Members of Parliament from the Aam Aadmi Party (AAP) to the Bharatiya Janata Party (BJP) sets the stage for a significant constitutional test of the Anti-Defection Law. Under the Tenth Schedule of the Constitution of India, individual defections lead to disqualification. However, Paragraph 4 provides an exception where at least two-thirds of the members of a legislative party agree to a merger with another political party. By claiming that two-thirds of the AAP's Rajya Sabha contingent is moving together, the group aims to bypass the disqualification powers vested in the Chairman of the Rajya Sabha.

This event occurred shortly after Arvind Kejriwal moved out of the residence of MP Ashok Mittal on April 24, 2026, shifting to a government bungalow in Lodhi Estate. The political realignment significantly alters the balance of power in the Rajya Sabha, where the ruling NDA has been seeking a definitive majority to pass contentious bills. The immediate consequence will be a formal petition to the Rajya Sabha Secretariat to recognize the merger, likely leading to a legal battle in the Supreme Court over the interpretation of 'voluntary giving up of membership' versus 'merger of the legislative party'.

• Joining Date: April 25, 2026.
• Legal Basis: Paragraph 4 of the Tenth Schedule.
• Key Actor: Raghav Chadha.
• Hostile Parties: AAP and BJP.

Glossary

Tenth Schedule: A part of the Indian Constitution introduced in 1985 (Anti-Defection Law) to prevent political defections by providing for the disqualification of members of Parliament or State Legislatures.

Merger Clause: A specific provision in the Tenth Schedule stating that disqualification does not apply if two-thirds of the members of a party agree to join another party.