Will AAP MPs face disqualification after joining BJP?

Seven of the Aam Aadmi Party's (AAP) ten Rajya Sabha members announced their decision to merge with the Bharatiya Janata Party on 24 April 2026. The departin...

What Happened

Seven of the Aam Aadmi Party's (AAP) ten Rajya Sabha members announced their decision to merge with the Bharatiya Janata Party on 24 April 2026.
The departing MPs comprise exactly two-thirds of AAP's Rajya Sabha strength of ten, which is the minimum constitutional threshold required to claim a valid party merger under the Tenth Schedule.
The parent party declared the move unconstitutional and announced it would petition the Rajya Sabha Chairman seeking disqualification of all seven members.
Legal experts are divided: those supporting the merger argument say the numerical threshold is met; critics argue that no corresponding merger of the original party organisation has taken place, which is a constitutional prerequisite.

Static Topic Bridges

The Tenth Schedule — Anti-Defection Provisions

The Tenth Schedule was inserted into the Constitution by the Constitution (52nd Amendment) Act, 1985 to curb political defections. A member of Parliament or a state legislature can be disqualified if they voluntarily give up the membership of their party, or if they vote or abstain from voting contrary to the direction issued by their party without prior permission.

Governs both Houses of Parliament and all state legislatures
Disqualification in Rajya Sabha is decided by the Chairman of the Rajya Sabha
Voluntary surrender of party membership need not be a formal resignation; consistent anti-party conduct can also constitute voluntary surrender
Disqualification petition can be filed by any member of the House
The 91st Constitutional Amendment Act, 2003 deleted the earlier "split" exception and raised the merger bar to two-thirds

Connection to this news: The entire legal dispute in the AAP-BJP case hinges on whether the seven MPs' joint declaration of merger qualifies under Paragraph 4 of the Tenth Schedule, or whether it is merely dressed-up defection.

The Merger Exception — Paragraph 4 of the Tenth Schedule

Paragraph 4 provides that a member shall not be disqualified if their original political party merges with another party, and at least two-thirds of the members of the legislature party have agreed to the merger. The Supreme Court has interpreted "merger" strictly: the merging entity must be the original political party, not just its legislature wing.

Threshold: At least two-thirds of the legislature party's members must consent
AAP's Rajya Sabha strength: 10 members; seven departing MPs = exactly two-thirds (70% — satisfies the threshold numerically)
A mere declaration by the legislative wing without the original party agreeing to merge may not constitute a valid "merger" under the Tenth Schedule
In the TDP Rajya Sabha merger case (2014), the Chairman accepted the merger claim when TDP members joined the NDA coalition — though the factual circumstances differed
The Rajya Sabha Chairman (ex officio Vice President of India) is the competent authority to decide disqualification petitions in the Rajya Sabha

Connection to this news: Even though the numerical two-thirds test is met, the original party contests that no merger of the party organisation has occurred. The Chairman will need to adjudicate whether a legislative wing merger without an organisational merger satisfies Paragraph 4.

Rajya Sabha: Composition and Constitutional Role

Rajya Sabha is the upper house (Council of States) of India's bicameral Parliament. Unlike Lok Sabha, members are not directly elected by the people but are elected by the elected members of State Legislative Assemblies using a system of proportional representation by means of single transferable vote.

Constitutional basis: Articles 80 and 81 of the Constitution
Maximum strength: 250 (238 elected + 12 nominated by the President)
Current strength: 245 members
Rajya Sabha is a permanent house — it is not subject to dissolution; one-third of members retire every two years
Rajya Sabha members serve a six-year term
The Chairman of the Rajya Sabha is the ex officio Vice President of India

Connection to this news: Party composition in the Rajya Sabha is critical for passing legislation (including Constitutional Amendment Bills requiring special majority). The merger of seven members changes the numerical balance in the upper house.

Kihoto Hollohan v. Zachillhu (1992) — Judicial Review of Merger Decisions

The Supreme Court's 1992 constitution bench judgment upheld judicial review of Speaker/Chairman decisions on disqualification. While the presiding officer has primacy in the first instance, their decisions are subject to review by High Courts and the Supreme Court for constitutional compliance.

Courts can intervene on grounds of violation of natural justice, constitutional provisions, or perversity
The Supreme Court has in several cases directed Speakers/Chairmen to decide pending petitions within a fixed period
A reviewing court does not substitute its view for that of the Speaker/Chairman on factual questions unless the decision is legally perverse

Connection to this news: If the Rajya Sabha Chairman accepts the merger claim, the parent party may challenge the decision in the Supreme Court, making Kihoto Hollohan the operating framework for judicial review.

Key Facts & Data

AAP's total Rajya Sabha strength (before the split): 10 MPs
MPs merging with BJP: 7 (including Raghav Chadha, Sandeep Pathak, Ashok Mittal, Harbhajan Singh, Rajinder Gupta, Vikram Sahney, Swati Maliwal)
MPs remaining with AAP: 3
Two-thirds threshold: Minimum 7 out of 10 — exactly met in this case
Relevant constitutional provision: Paragraph 4, Tenth Schedule (merger exception)
Disqualification authority in Rajya Sabha: Chairman of the Rajya Sabha
Landmark precedent: Kihoto Hollohan v. Zachillhu, 1992
91st Constitutional Amendment Act, 2003 — deleted split exception, raised merger bar to two-thirds
BJP's Rajya Sabha strength increases with the merger; NDA's position in the upper house is strengthened