Disqualification of AAP MPs joining BJP: Anti-defection law and 'merger' exception
Seven Aam Aadmi Party (AAP) Rajya Sabha MPs joined the Bharatiya Janata Party (BJP), raising questions about disqualification under the anti-defection law (Tenth Schedule). The law disqualifies legislators who voluntarily relinquish party membership or defy party directions. While the 'split' exception was removed in 2003, the 'merger' exception (Paragraph 4) remains. A valid merger requires the original political party to merge with another, and the decision must be backed by at least two-thirds of the legislature party. The Supreme Court endorsed a conjunctive reading for the 'split' exception, but the Bombay High Court adopted a disjunctive reading for 'merger,' allowing a 'deemed' merger if two-thirds of the legislature party agrees, even without national party approval.
Key Points
- Seven AAP Rajya Sabha MPs joining BJP brings the anti-defection law into focus regarding potential disqualification.
- The Tenth Schedule of the Constitution aims to curb floor-crossing by elected representatives.
- The 'split' exception (Paragraph 3) was removed by the 91st Constitutional Amendment in 2003.
- The 'merger' exception (Paragraph 4) allows a legislator to join another party without disqualification if it's part of a merger backed by two-thirds of the legislature party.
- There is ambiguity in interpreting Paragraph 4, with differing judicial views on whether a national party merger is required alongside the legislature party's two-thirds consent.
Exam Facts
- The anti-defection law is enshrined in the Tenth Schedule of the Constitution.
- The 52nd Constitutional Amendment Act, 1985, introduced the anti-defection law.
- The 'split' exception (Paragraph 3) was removed by the 91st Constitutional Amendment in 2003.
- The 'merger' exception is outlined in Paragraph 4 of the Tenth Schedule.
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