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.

PYQ – 2014, Ans – D

Anti-Defection Law (Tenth Schedule)

Origin and Evolution

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

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
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