Mass merger or defection? MPs’ BJP switch highlights constitutional issues

Mass merger or defection? MPs’ BJP switch highlights constitutional issuesRecognition of such mergers within legislature parties by the Speakers amounts to a fraud on the constitutional scheme of anti-defection.Updated on: Apr 28, 2026 9:30 AM ISTBy Amit Anand TiwariShare viaCopy link On Friday, seven Rajya Sabha MPs from the Aam Aadmi Party joined the Bharatiya Janata Party and termed their move a “merger” within Para 4 of the Tenth Schedule of Constitution which prohibits such defections. This purported merger of two-thirds of the MPs, in the absence of a merger between the original political parties, raises a significant constitutional issue of subversion of the anti-defection laws . It is yet another instance in a long line of contested mergers within legislature parties, including the so called “mergers” of Telugu Desam Party MLAs with the Telangana Rashtra Samithi in Andhra Pradesh (2016), TDP Rajya Sabha MPs with BJP (2019), Bahujan Samaj Party MLAs with the Congress in Rajasthan (2019), Congress MLAs with the TRS in Andhra Pradesh (2019) and Congress MLAs with the BJP in Goa (2022).AAP Rajya Sabha MP, Raghav Chadha along with Ashok Mittal and Sanjeev Pathak leave after meeting BJP president Nitin Nabin at BJP headquarters in New Delhi, on Friday (HT Photo/Sanchit Khanna)The 10th schedule frowns on elected representatives changing party allegiance and crossing the floor after being elected on the mandate of a particular political party, because this amounts to a betrayal of voter trust, and undermines the democratic process, thereby endangering the foundations of representative democracy.ALSO READ | AAP split puts 'merger' clause of defection law under scrutiny | ExplainedBut when two-thirds or more elected representatives of a party join another political party, can they claim protection from the anti-defection law by citing a merger of the Legislature Party?This will need to be examined within the legal framework of two laws, which together constitute a composite scheme governing political parties and Legislature Party (elected representatives of a political party in the House). The conduct of legislators (member of Legislature Party) vis-à-vis their political party is primarily regulated by the Tenth Schedule of the Constitution, which provides for disqualification for unprincipled and unethical political defections, whereas the constitution, recognition and electoral activities of such political parties are governed by the Symbols Order, 1968.At its inception, the Tenth Schedule contained two exceptions to disqualification, viz., split and merger. Since the deletion of the defence of split in 2004, merger remains the sole exception to disqualification. It provides that merger of original political party with another political party will be deemed to have taken place, if and only if not less than two-thirds of the members of the legislature party concerned have agreed to such merger. Properly construed, this provision indicates that a valid merger is premised on the merger of the original political party itself; the concurrence of not less than two-thirds of the members of the legislature party simply being a constitutional requirement to validate the underlying party merger of the original political party within the House.ALSO READ | Chadha's anti-defection bill that could've stopped his AAP-BJP switch, wanted law against 'nefarious floor-crossing'In the absence of such a merger of the original political party, the claim of…

This excerpt is published under fair use for community discussion. Read the full article at Hindustan Times — Top.