Relevance: GS II (Indian Polity – Parliament, State Legislatures & Constitutional Amendments) | Source: The Hindu / The Indian Express

1. The Core Issue: What is Happening?

A major political crisis has unfolded in the Rajya Sabha. Seven out of ten Members of Parliament (MPs) from the Aam Aadmi Party (AAP) have broken away from their party.

• The Rebel Claim: The 7 MPs officially informed the Rajya Sabha Chairman that they are leaving AAP to “merge” with the Bharatiya Janata Party (BJP).
• The AAP Claim: The AAP leadership accuses the BJP of poaching their MPs. They have formally requested the Chairman to disqualify these 7 MPs under the Anti-Defection Law.

2. The Constitutional Rules: The Anti-Defection Law

The fate of these 7 MPs depends on the Tenth Schedule of the Constitution, which was added by the 52nd Amendment Act (1985) to stop politicians from switching parties for power.

1. How does an MP get disqualified?

An MP is disqualified if they:

1. Voluntarily give up the membership of their political party.
2. Vote against or disobey the official direction (Whip) issued by their party in the House.

1. The “Merger” Loophole (How the rebels are protecting themselves):

The Anti-Defection Law has a major exception found in Paragraph 4 of the Tenth Schedule.

• Originally, a “split” by just 1/3rd of members was allowed. The 91st Amendment Act (2003) abolished this to stop mass defections.
• Today, disqualification does not apply if a party merges with another party, provided that at least two-thirds (2/3rds) of the elected MPs agree to the merger.
• The Math: AAP has 10 MPs. Two-thirds of 10 is 6.66. Because 7 MPs have defected, they technically cross the legal threshold, saving them from immediate disqualification.

3. The Administrative Challenge: The Legal Gray Area

This crisis highlights a massive legal debate, similar to the recent Maharashtra (Shiv Sena) political crisis.

• Original Party vs. Legislature Party: The law requires the merger of the “Original Political Party” (the actual national/state party structure outside parliament), not just the “Legislature Party” (the elected MPs sitting inside parliament).
• The Dilemma: Can 7 MPs legally claim that the entire AAP has merged with the BJP, especially when the party’s top leadership fiercely opposes it?
• The Authority: Ultimately, the absolute power to decide whether this is a valid merger or an illegal defection rests entirely with the Rajya Sabha Chairman.

4. The Way Forward for India

To protect the voters’ democratic mandate, Parliament must either remove the 2/3rd merger exception completely or transfer the power of disqualification to an independent body like the Election Commission.

The Trap 

• The “Resignation” Trap: UPSC frequently tests the definition of defection. An exam statement might claim, “An MP can only be disqualified for voluntarily giving up membership if they submit a formal, written resignation letter to the party.” Incorrect. The Supreme Court has clearly ruled that “voluntarily giving up” can simply be inferred from an MP’s conduct (like holding a press conference against their own party or attending rival party events).

UPSC Value Box

Key Concept / Case	Simple Meaning
91st Amendment (2003)	The amendment that removed the 1/3rd “split” rule and made the exemption strictly dependent on a 2/3rd “merger” of the legislature party.
Kihoto Hollohan Case (1992)	A landmark Supreme Court ruling. It upheld the Anti-Defection Law and confirmed that while the Presiding Officer (Speaker/Chairman) makes the final decision, that decision is subject to Judicial Review.
Dinesh Goswami Committee	An electoral reform committee that recommended taking the disqualification power away from politically affiliated Speakers and giving it to the President/Governor acting on the binding advice of the Election Commission (ECI).

With reference to the Anti-Defection Law contained in the Tenth Schedule of the Indian Constitution, consider the following statements:

1. The Tenth Schedule was inserted into the Constitution by the 91st Constitutional Amendment Act.
2. An elected member is saved from disqualification if their original political party merges with another party, and at least two-thirds of the members of the legislature party agree to such a merger.
3. The decision of the Presiding Officer regarding disqualification under the Tenth Schedule is final and cannot be subjected to judicial review by any court.

Which of the statements given above is/are correct?

(a) 1 and 2 only

(b) 2 only

(c) 1 and 3 only

(d) 2 and 3 only

Correct Answer: (b)