In major setback to AAP, seven of its 10 Rajya Sabha MPs cross over to BJP, Pg3

Key Highlights:

• Seven of the 10 Rajya Sabha MPs from the Aam Aadmi Party (AAP) defected to the Bharatiya Janata Party (BJP) on Friday.
• The defection constitutes two-thirds of AAP's strength in the Upper House.
• Raghav Chadha, along with six other MPs, announced the merger with the BJP at a press conference.
• The move leaves AAP with only three members in the Rajya Sabha.
• The Rajya Sabha Chairman will decide on the validity of the merger and potential disqualification of the MPs.

Detailed Insights:

• The defection raises questions about the application of the anti-defection law and its implications for the AAP and the Rajya Sabha.
• According to legal experts, the Rajya Sabha Chairman may approve the merger, citing a precedent where a similar defection in the Telugu Desam Party (TDP) was approved.
• The 10th Schedule of the Constitution, as amended by the 91st Constitutional Amendment Act, stipulates that a merger requires two-thirds of the party members in a House to switch parties to avoid disqualification.
• A disqualification petition can be filed with the Rajya Sabha Chairman, whose decision can be challenged in court.
• Until the Chairman's ruling, the defecting MPs technically remain AAP members, but their votes could be added to the BJP's tally on legislative issues.
• The anti-defection law does not specify a time limit for the presiding officer to rule on disqualification, which can lead to delays and allow members to retain their membership.

Key Concepts Involved:

• Rajya Sabha: The upper house of the Indian Parliament, representing the states and union territories.
• Anti-Defection Law: A law aimed at preventing political defections by legislators, enshrined in the 10th Schedule of the Constitution.
• 91st Constitutional Amendment Act: An amendment to the Indian Constitution that strengthened the anti-defection law by requiring a two-thirds majority for a merger.