Rajya Sabha defections, constitutional questions, Pg6

Key Highlights:

• On April 24, 2026, seven out of ten AAP Rajya Sabha MPs announced their merger with the BJP, invoking the 10th Schedule of the Constitution.
• This action raises constitutional questions about the interpretation of the anti-defection law, specifically the "merger" exception.
• The 10th Schedule, added in 1985, aims to curb political defections by disqualifying members who abandon their parties for political gain.
• The Rajya Sabha Chairman has been approached by AAP to challenge the actions of the seven MPs under Paragraph 6 of the 10th Schedule.

Detailed Insights:

• The 52nd Constitution Amendment Act, 1985, introduced the 10th Schedule to address political defections, adding grounds for disqualification of members.
• Originally, the 10th Schedule had exceptions for "split" and "merger", but the "split" exception was removed by the 91st Constitution Amendment Act, 2003.
• The deletion of the "split" exception emphasizes the primacy of the political party over the legislature party, reinforcing democratic accountability.
• The Supreme Court in Subhash Desai vs Principal Secretary, Governor of Maharashtra (2023), reinforced the link between a legislature party and its parent political party.
• The core question is whether a merger can be solely decided by two-thirds of the legislature party or requires a decision by the original political party.
• Allowing the legislature party to dictate the fate of the political party would invert the constitutional design and undermine the party system.
• The anti-defection law aims to preserve the integrity of the party system and the institution of the opposition in a democracy.
• Judicial clarity is needed to determine whether legislative majorities can appropriate the identity of the political party they represent.

Key Concepts Involved:

• Defection: The act of an elected official abandoning their political party to join another.
• Anti-Defection Law: A law that seeks to prevent political defections by disqualifying legislators who switch parties.
• 10th Schedule: A section of the Indian Constitution that deals with the disqualification of legislators on grounds of defection.