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AAP Bloc Defection to BJP Tests Constitution’s Merger Exception

Legal opinions now dispute whether a party merger can be created by legislators acting as a group.

Overview

  • Seven AAP legislators moved to the BJP in a coordinated group large enough to claim protection under the Constitution’s Tenth Schedule as a party “merger.”
  • Paragraph 4 of the Tenth Schedule shields members from disqualification only if the original political party merges with another party and at least two-thirds of its legislators agree.
  • LiveLaw’s legal analysis argues the merger must start with the political party itself, warning that two-thirds of legislators cannot manufacture a merger and could still face disqualification for abandoning the party.
  • The Statesman frames the switch as a legally enabled group exit that deepens AAP’s organizational strains, with Punjab’s leadership seen as politically weakened and power perceptions in Delhi starting to shift.
  • Supreme Court rulings have upheld the anti-defection law’s goal of stability and read “voluntarily gives up membership” to include conduct, yet critics say the framework deters solo defections while channeling coordinated realignments into a lawful route.