Rajya Sabha defections, constitutional questions
The Aam Aadmi Party (AAP) has faced a significant setback as seven of its ten Rajya Sabha MPs announced their merger with the Bharatiya Janata Party (BJP). This situation raises important constitutional questions regarding the anti-defection law, particularly the interpretation of the merger exception in the 10th Schedule. The implications of this development extend beyond party politics, highlighting the ongoing challenges related to political defections in India.
- ▪Seven out of ten AAP Rajya Sabha MPs have merged with the BJP, invoking the 10th Schedule of the Constitution.
- ▪The situation raises constitutional questions about the anti-defection law and the interpretation of the merger exception.
- ▪The Supreme Court has emphasized the primacy of political parties over legislature parties in matters of disqualification.
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| Original publisher | The Hindu — Top |
| Canonical URL | https://www.thehindu.com/opinion/op-ed/rajya-sabha-defections-constitutional-questions/article71026199.ece |
| Publication time | Wed, 27 May 2026 00:51:02 +0530 |
| Retrieval time | 2026-05-26T19:27:54.020Z |
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Opening excerpt (first ~120 words) tap to expand
The recent developments within the Aam Aadmi Party (AAP), appear to have dealt a decisive blow to its representation in the Rajya Sabha. On April 24, 2026, seven out of its 10 sitting Members of Parliament, publicly announced that over two-thirds of the party’s MPs had decided to merge with the Bharatiya Janata Party (BJP), invoking the provisions of the 10th Schedule of the Constitution.While the development has attracted widespread political attention, its implications extend beyond immediate partisan concerns. It raises significant constitutional questions regarding the interpretation of the anti-defection law, particularly the scope of the “merger” exception under the 10th Schedule. Nor is the episode entirely unprecedented.
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