Rajya Sabha defections highlight impotence of Tenth Schedule
Seven Aam Aadmi Party (AAP) Rajya Sabha members announced their merger with the Bharatiya Janata Party (BJP), a move accepted by the Rajya Sabha Chairman. This increases the BJP's strength to 113, giving the National Democratic Alliance a majority. The incident highlights the 'institutionalised defanging' of the anti-defection law (Tenth Schedule), as the merger exception requires two-thirds of the legislative party's concurrence, not just members crossing over. AAP has challenged this in court, arguing a violation of the anti-defection law.
Key Points
- Seven Aam Aadmi Party (AAP) Rajya Sabha members merged with the Bharatiya Janata Party (BJP), increasing BJP's strength in the Upper House.
- The Rajya Sabha Chairman accepted the merger, leading to the National Democratic Alliance gaining a majority.
- The incident raises concerns about the 'institutionalised defanging' of the anti-defection law, enshrined in the Tenth Schedule of the Constitution.
- AAP has filed a petition seeking disqualification of the members, arguing that the merger exception requires two-thirds of the legislative party's concurrence, not just individual crossovers.
- The episode underscores issues of political opportunism and the interpretation of constitutional provisions regarding party mergers and defections.
Exam Facts
- Seven Aam Aadmi Party (AAP) Rajya Sabha members merged with the BJP.
- The BJP's strength in the Rajya Sabha rose to 113.
- The Tenth Schedule of the Constitution deals with anti-defection law.
- The merger exception requires the concurrence of two-thirds of the legislative party members.
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