Rajya Sabha MP Raghav Chadha's announcement of leaving the Aam Aadmi Party (AAP) and joining the Bharatiya Janata Party (BJP) was not a solitary move. It was strategically linked to specific constitutional provisions involving terms such as “two-thirds” and “merger.”
The Announcement
“We have decided that we, the 2/3rd members belonging to the AAP in Rajya Sabha, exercise the provisions of the Constitution of India and merge ourselves with the BJP,” Chadha said while addressing a press conference.
Why the Two-Thirds Rule Matters
If at least two-thirds of the members of a party in the House agree to merge with another party, it is treated as a valid merger and not defection. In such cases, members are not disqualified under the anti-defection law, making this provision crucial in group-level political realignments like the one announced by these MPs.
Currently, there are 10 AAP MPs in the Rajya Sabha. After this move, two-thirds—that is, seven members—are set to merge with the BJP. If this number had been any less, those wanting to merge would have had to give up their Upper House membership.
Implications for Individual Quitting
If Chadha had quit alone, he would have had to forfeit his Rajya Sabha seat. However, that is not the case as the outgoing AAP leader is joined by Swati Maliwal, Harbhajan Singh, Sandeep Pathak, Ashok Mittal, Rajinder Gupta, and Vikram Sahni.
Understanding the Anti-Defection Law
The anti-defection law, under the Tenth Schedule of the Constitution, is designed to prevent MPs from switching parties after being elected and to maintain stability in Parliament, including the Rajya Sabha. It provides for disqualification if a member voluntarily gives up party membership or votes against the party whip.
In the Rajya Sabha, the decision on disqualification is taken by the Chairman based on a petition from another member. However, the law also includes an exception for mergers, which is where the “two-thirds” condition becomes essential.
