Senior Congress leader and Rajya Sabha MP Kapil Sibal on Thursday termed the merger of seven Aam Aadmi Party (AAP) MPs with the Bharatiya Janata Party (BJP) as unconstitutional, asserting that it violated the anti-defection law.
Sibal's Statement on AAP-BJP Merger
In a post on social media platform X, Sibal said, "The merger of seven AAP MPs with the BJP is unconstitutional. The anti-defection law does not permit a merger of a political party with another unless two-thirds of the party's legislators agree. Here, the AAP has only three MPs in the Lok Sabha, and seven MPs from the Rajya Sabha have merged with the BJP. This is a clear violation of the Tenth Schedule of the Constitution."
Background of the Merger
Earlier this week, seven AAP Rajya Sabha MPs—including prominent leaders such as Sanjay Singh, Raghav Chadha, and others—merged with the BJP, citing a desire to strengthen the country's development agenda. The move came as a surprise to many political observers, given AAP's strong opposition to the BJP in several states.
The AAP, which currently holds three seats in the Lok Sabha and 10 in the Rajya Sabha, has seen a significant shift with the merger. The BJP, which already has a majority in the Lok Sabha, has strengthened its position in the Upper House as well.
Legal Implications Under Anti-Defection Law
Under the Tenth Schedule of the Constitution (anti-defection law), a merger of a political party is valid only if at least two-thirds of the party's legislators agree to it. In the case of AAP's Rajya Sabha MPs, the party had 10 members in the Upper House. The merger of seven MPs constitutes more than two-thirds, but Sibal argued that the merger should be considered from the perspective of the entire party's parliamentary strength, including Lok Sabha MPs.
"The anti-defection law is meant to prevent political defections that undermine the stability of the government. Here, the AAP is a national party with MPs in both Houses. The merger of Rajya Sabha MPs without the consent of the party's Lok Sabha MPs is a violation of the law," Sibal added.
Political Reactions
The BJP has defended the merger, stating that it was a voluntary decision by the seven MPs who were impressed by Prime Minister Narendra Modi's leadership and the BJP's development agenda. BJP spokesperson Sambit Patra said, "The merger is legal and within the framework of the Constitution. The AAP MPs have joined the BJP to serve the nation better."
The AAP, on the other hand, has condemned the merger, calling it a "betrayal" and a "political stunt" by the BJP to weaken the opposition. AAP leader and Delhi Chief Minister Arvind Kejriwal said, "This is an attempt by the BJP to destroy the opposition. We will challenge this merger in the Supreme Court."
Conclusion
The controversy over the merger of AAP MPs with the BJP is likely to escalate, with legal experts divided on the interpretation of the anti-defection law. The matter may ultimately be decided by the courts, setting a precedent for future political mergers in India.
