Anti-Defection Law: Will AAP MPs Shift to BJP Lead to Disqualification? UPSC Analysis

Context: Anti-Defection Law

Seven AAP MPs in the Rajya Sabha joined the BJP. The key issue is whether this attracts disqualification under the anti-defection law.

Anti-Defection Law (Tenth Schedule)

Origin and Evolution

• Added by the 52nd Constitutional Amendment Act, 1985
• Strengthened by the 91st Constitutional Amendment Act, 2003

Purpose

• Prevent defections and maintain party discipline

Core Rule

• A member is disqualified if he/she:
  • Voluntarily gives up party membership
  • Votes or abstains against the party whip

Exception – Merger (Central to this case)

• Paragraph 4: No disqualification if at least two-thirds of a party’s members in a House agree to merge with another party

91st Amendment (Key Impact)

• Abolished protection for split (one-third)
• Only two-thirds merger is a valid safeguard now

Decision Authority

• Chairman (Rajya Sabha) or Speaker (Lok Sabha)

Why disqualification may not apply

• AAP had 10 MPs in Rajya Sabha; 7 have switched
• This crosses the two-thirds threshold
• Therefore, it can be treated as a “merger” under Paragraph 4, not defection
• If the Chairman accepts this as a merger, no disqualification applies