AAP MPs' Rajya Sabha seats questioned after BJP merger
Seven Aam Aadmi Party (AAP) Rajya Sabha MPs, including Raghav Chadha, have merged with the Bharatiya Janata Party (BJP), citing the two-thirds majority provision in the Anti-Defection Law. The AAP has petitioned the Rajya Sabha Chairman for their disqualification, leading to a legal and political dispute over the validity of the merger.
Key Highlights
- Seven AAP Rajya Sabha MPs merged with the BJP.
- AAP seeks disqualification of MPs citing Anti-Defection Law.
- Merger cited as a defence under the Tenth Schedule exception.
- Legal complexities surround the validity of the 'legislature party' merger.
- AAP alleges betrayal and 'Operation Lotus' by the BJP.
- The Rajya Sabha Chairman will decide on the disqualification petitions.
Seven Rajya Sabha MPs from the Aam Aadmi Party (AAP), including prominent leader Raghav Chadha, have announced their merger with the Bharatiya Janata Party (BJP). This move, occurring on April 24, 2026, has triggered a significant political and legal crisis, with the AAP petitioning the Rajya Sabha Chairman for the disqualification of these MPs. The MPs, in turn, are relying on the exception provided in the Tenth Schedule of the Indian Constitution—commonly known as the Anti-Defection Law—which allows for a merger if at least two-thirds of a legislature party's members agree to join another party.
The seven MPs who have switched allegiance are Raghav Chadha, Sandeep Pathak, Ashok Kumar Mittal, Harbhajan Singh, Rajinder Gupta, Swati Maliwal, and Vikramjit Singh Sahney. Chadha, addressing a press conference, stated that more than two-thirds of the AAP's Rajya Sabha members had exercised their constitutional rights to merge with the BJP. He further claimed that all necessary documentation had been submitted to the Rajya Sabha Chairman. This action follows closely on the heels of Chadha's removal as the AAP's Deputy Leader in the Rajya Sabha, a move that had already fueled speculation about internal party rifts.
The Aam Aadmi Party has vehemently condemned the move, terming it a 'betrayal' and accusing the BJP of orchestrating another 'Operation Lotus'—a term used to describe alleged BJP attempts to destabilize non-BJP governments by encouraging MLAs to switch sides. AAP leader Sanjay Singh announced that the party has consulted constitutional experts, including Kapil Sibal and P.D.T. Achary, and has submitted a petition to the Rajya Sabha Chairman seeking the termination of the memberships of these seven MPs. The AAP's argument is that these MPs were elected on an AAP ticket and their joining the BJP constitutes defection, making them liable for disqualification under the Tenth Schedule.
The crux of the legal debate lies in the interpretation of the Anti-Defection Law, specifically the 'merger' clause. While the MPs argue that their move falls under the exception where two-thirds of a legislature party merge, the AAP contends that the law requires the 'original political party' to merge, not just a faction of its members in a legislative body. Legal experts are divided, with some pointing to Supreme Court rulings that emphasize the distinction between a political party and a legislature party, suggesting that a legislative party cannot act independently of its parent political party. However, past interpretations by some High Courts, such as the Bombay High Court in a Goa case, have supported mergers of legislative factions if they meet the two-thirds threshold.
Raghav Chadha, a chartered accountant by profession, has been a prominent figure in AAP since its inception and rose rapidly within the party. His removal as Deputy Leader in Rajya Sabha shortly before this development has added another layer of intrigue to the situation. The defection leaves the AAP with only three Rajya Sabha MPs: N.D. Gupta, Sushil Gupta, and Sanjay Singh. The BJP, conversely, sees its strength in the Rajya Sabha increase, bolstering the NDA's numbers in the Upper House. The ultimate decision on the disqualification of these seven MPs now rests with the Chairman of the Rajya Sabha, whose verdict will be keenly watched, potentially setting a precedent for future cases of party switching.
Frequently Asked Questions
What is the Anti-Defection Law in India?
The Anti-Defection Law, incorporated in the Tenth Schedule of the Indian Constitution via the 52nd Amendment Act of 1985, aims to prevent elected representatives from switching political parties after being elected. It outlines grounds for disqualification if a member voluntarily gives up their party's membership or votes against the party whip. The law seeks to ensure political stability and accountability.
What is the 'merger' exception in the Anti-Defection Law?
The Anti-Defection Law provides an exception where a member of a legislature party is not disqualified if their original party merges with another party. This exception applies if at least two-thirds of the members of the legislature party agree to the merger. The MPs who joined the BJP are citing this provision.
Why is the AAP seeking the disqualification of its former MPs?
The AAP claims that the seven MPs who joined the BJP defected from their original party without a valid merger of the 'political party' itself. They argue that the MPs were elected on an AAP ticket and their joining the BJP constitutes defection, making them liable for disqualification under the Tenth Schedule of the Constitution.
What is the legal argument for and against the merger's validity?
The MPs argue that since more than two-thirds of AAP's Rajya Sabha members agreed to merge with the BJP, they are protected by the merger exception. The AAP contends that the merger must be of the 'original political party,' not just a faction of the legislative party, and cites Supreme Court observations that a legislature party cannot act independently of the political party. This distinction is at the heart of the legal dispute.
