Seven AAP Rajya Sabha Members Invoke Anti-Defection Law Merger Clause to Join BJP
Seven Aam Aadmi Party (AAP) Rajya Sabha Members of Parliament announced their decision to join the Bharatiya Janata Party (BJP) on April 24, 2026. By moving as a bloc of seven out of the AAP's ten total members in the Upper House, they have utilized the 'two-thirds' merger provision of the Anti-Defection Law, as outlined in the Tenth Schedule of the Constitution, to avoid disqualification.
Key Facts
- Seven AAP Rajya Sabha MPs joined the BJP on April 24, 2026.
- The move utilized the two-thirds merger exception of the Anti-Defection Law.
- The Anti-Defection Law was introduced by the 52nd Constitutional Amendment in 1985.
- AAP has 10 members in the Rajya Sabha; 7 have joined the BJP, leaving.
- The Tenth Schedule of the Constitution governs disqualification of MPs on grounds of defection.
On April 24, 2026, seven Rajya Sabha MPs from the Aam Aadmi Party (AAP) declared their intent to join the Bharatiya Janata Party (BJP). This action leverages Paragraph 4 of the Tenth Schedule of the Constitution, introduced by the 52nd Constitutional Amendment in 1985. This provision permits a legislative party to merge with another party without its members facing disqualification, provided that at least two-thirds of the members of the original legislative party agree to the merger.
With the AAP having ten members in the Rajya Sabha, the seven MPs who are switching parties represent 70% of the party's strength in the house, exceeding the 66.6% (two-thirds) threshold required by the Anti-Defection Law. This allows these seven MPs to retain their seats in the Rajya Sabha after joining the BJP. The remaining three AAP Rajya Sabha MPs are Balbir Singh Seechewal, Sanjay Singh, and ND Gupta.
| Legislative Body | Total AAP Members | Members Joining BJP | Legal Protection |
|---|---|---|---|
| Rajya Sabha | 10 | 7 | Anti-Defection Law (Tenth Schedule, Paragraph 4) |
Glossary
Tenth Schedule: Part of the Indian Constitution designed to prevent political defections.
Legislative Party: All elected members of a specific political party in a legislative body.
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