Politics

AAP Rajya Sabha MPs Jump to BJP: Merger or Defection Loophole?

Published On Tue, 28 Apr 2026
Aarav Vashisht
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In a stunning political realignment, seven Rajya Sabha members from the Aam Aadmi Party (AAP), spearheaded by prominent leader Raghav Chadha, have crossed over to the Bharatiya Janata Party (BJP), igniting a fierce controversy over India's anti-defection laws. The group announced their move last Friday, insisting it qualifies as a legitimate "merger" under the Tenth Schedule of the Constitution, which permits lawmakers to switch parties without disqualification if at least two-thirds of their original party's legislative wing agrees. With exactly that threshold met, the MPs argue their transition preserves their seats amid AAP's ongoing challenges.

The switch has drawn sharp criticism. Senior advocate and former Union minister Kapil Sibal labeled it "unconstitutional," contending that genuine mergers require a formal party-level decision first, not MPs jumping ship while the parent party remains intact. Opposition figures echoed this, accusing the BJP of exploiting legal loopholes to bolster its Upper House numbers.

The development revives long-standing debates on the 1985 anti-defection law, designed to prevent floor-crossing but often tested by the merger proviso. Past episodes, like the 2022 Shiv Sena split in Maharashtra, saw similar claims upheld by presiding officers, though courts have occasionally intervened.

As petitions for disqualification gather steam, all eyes are on Rajya Sabha Chairman and Vice President Jagdeep Dhankhar. A ruling here could trigger Supreme Court scrutiny, potentially reshaping how political defections are handled ahead of key legislative sessions. For now, the BJP gains a tactical edge in Parliament, but at the cost of renewed questions about democratic loyalty.

Disclaimer: This image is taken from Hindustan Times.