Why in the News?
In a major political shift, seven out of ten Aam Aadmi Party (Aam Aadmi Party) Rajya Sabha MPs have resigned from the party to merge with the Bharatiya Janata Party (BJP), citing a departure from the party’s founding principles.
What is the Event?
- Seven Rajya Sabha MPs, led by Raghav Chadha, have exercised the “merger” provision of the anti-defection law to join the BJP without losing their seats in the Upper House.
Constitutional & Legal Framework (UPSC Focus)
The move hinges on the Tenth Schedule of the Indian Constitution (Anti-Defection Law):
- The Two-Thirds Rule: Under the 91st Constitutional Amendment Act (2003), a split in a party is no longer recognized. However, a merger is valid if at least two-thirds of the members of the legislative party agree to it.
- Status of AAP MPs: Since 7 out of 10 MPs (70%) have moved together, they meet the two-thirds threshold, potentially exempting them from disqualification.
- Voluntary Membership Relinquishment: The remaining AAP leadership (Sanjay Singh) has argued for disqualification under Paragraph 2(1)(a) of the Tenth Schedule, claiming the MPs “voluntarily gave up” membership before a formal merger.
| [2025] Consider the following statements: I. If any question arises as to whether a Member of the House of the People has become subject to disqualification under the 10th Schedule, the President’s decision in accordance with the opinion of the Council of Union Ministers shall be final. II. There is no mention of the word ‘political party’ in the Constitution of India. Which of the statements given above is/are correct? [A] I only [B] II only [C] Both I and II [D] Neither I nor II |
