Legal experts say seven AAP Rajya Sabha MPs led by Raghav Chadha joining BJP would not violate anti-defection law because Section 4(2) of the Tenth Schedule allows merger if two-thirds of legislature party approves. AAP has 10 MPs in RS, and seven constitutes the required two-thirds threshold.
Legal experts say seven AAP Rajya Sabha MPs joining BJP would not violate the Tenth Schedule as two-thirds of AAP's legislature party (7 of 10 MPs) can legally merge with another party under Section 4(2) of the anti-defection law. Experts noted the arbiter of such disputes—the Speaker—often owes their position to the ruling dispensation, making disqualification difficult.
Renowned legal experts have stated that seven AAP Rajya Sabha MPs led by Raghav Chadha joining the BJP would not violate the anti-defection law under the Tenth Schedule. Section 4(2) of the Tenth Schedule permits merger if two-thirds of a legislature party approves, and with AAP having 10 MPs in Rajya Sabha, seven constitutes the required two-thirds threshold. Senior advocates Mukul Rohatgi, Neeraj Kishan Kaul, Maninder Singh, and A M Singhvi highlighted that the presiding officer who arbitrates such disputes owes their position to the ruling dispensation, making disqualification difficult.
