Rajya Sabha Secretariat accepts Raghav Chadha & 6 other AAP MPs' request to merge with BJP, NDA crosses 140 mark
The Rajya Sabha Secretariat accepted a request from seven sitting members to merge with another parliamentary party, triggering formal recognition proceeding...
What Happened
- The Rajya Sabha Secretariat accepted a request from seven sitting members to merge with another parliamentary party, triggering formal recognition proceedings under the Tenth Schedule's merger provisions.
- The merger, if validated, would bring the receiving party's Rajya Sabha strength to 113 seats and push the ruling alliance above 140 members in the Upper House.
- The originating party's representation in the Rajya Sabha would be reduced to three members following the departure.
- The central procedural question is whether the merger meets the two-thirds threshold required under the Tenth Schedule to avoid disqualification — the total parliamentary party strength of the originating group, not just its Rajya Sabha wing, is relevant to this determination.
Static Topic Bridges
Tenth Schedule — Anti-Defection Law
The Tenth Schedule was inserted into the Constitution by the 52nd Amendment Act, 1985, to curb political defections by legislators. It provides for the disqualification of a member of Parliament or a State Legislature who voluntarily gives up membership of the political party on whose ticket they were elected, or who votes or abstains from voting contrary to a direction issued by their party (the "whip"). The Speaker (Lok Sabha) or Chairman (Rajya Sabha) acts as the tribunal for deciding disqualification petitions, functioning in a quasi-judicial capacity.
- Paragraph 2 — grounds for disqualification: voluntary relinquishment of party membership or defiance of party whip
- Paragraph 4 — exemption for mergers: disqualification does not apply if a merger is supported by not less than two-thirds of the members of the legislative party concerned
- Paragraph 6 — the Speaker/Chairman's decision is final, subject only to judicial review (not a regular appeal)
- 91st Constitutional Amendment Act, 2003 — abolished the earlier "split" exemption (which required only one-third), leaving merger as the sole group exemption; also barred defectors from ministerial office
- Kihoto Hollohan v. Zachillhu (1992) — Supreme Court upheld constitutional validity of the Tenth Schedule but made Speaker's decisions subject to judicial review
Connection to this news: Seven members seeking to merge constitute the entire group's Rajya Sabha component, but the Tenth Schedule's two-thirds threshold applies to the total legislative party strength across both Houses (and any State Assemblies where the party holds seats), not merely the Rajya Sabha contingent. The Secretariat's acceptance of the request for "cognisance" is a preliminary procedural step; formal validation and any disqualification proceedings remain pending.
Merger vs. Split — Evolution of the Tenth Schedule
Under the original 1985 Tenth Schedule, a "split" of one-third of a legislative party members was sufficient to avoid disqualification. The 91st Constitutional Amendment Act, 2003, repealed Paragraph 3 (the split exemption) entirely. Now, the only group exemption is a "merger," defined in Paragraph 4 as the merger of two-thirds or more of the original legislative party with another political party. A "merger" for this purpose must also involve the original political party (at the national level) actually merging with or into the other party — a purely legislative group decision is insufficient.
- Original threshold (1985): one-third for a split, one-third for a merger
- Post-2003 threshold: split exemption abolished; merger requires two-thirds
- The 2003 amendment was enacted following widespread criticism of floor-crossing enabled by the low split threshold
- Disqualified members are also barred from holding any remunerative political post (Article 75(1B), 164(1B) inserted by 91st Amendment)
Connection to this news: The seven members must constitute at least two-thirds of the total legislative party (across all Houses combined) to validly invoke the merger exemption. If the threshold is not met, each member faces individual disqualification proceedings.
Rajya Sabha Composition and Membership Rules
The Rajya Sabha (Council of States) is the Upper House of Parliament. Under Article 80, it consists of not more than 250 members: 238 representatives of States and Union Territories elected by indirect election, and 12 nominated by the President. Members are elected for a six-year term, with one-third retiring every two years. The Rajya Sabha is a permanent body and cannot be dissolved.
- Article 80 — composition and election of Rajya Sabha
- Current effective strength: 245 members (238 elected + 12 nominated — 5 seats vacant at any time)
- Article 80(4) — election by single transferable vote (proportional representation) by elected members of State Legislative Assemblies
- There is no "floor strength" requirement for a recognised group in Rajya Sabha; the Secretariat rules govern group recognition thresholds
Connection to this news: The shift in group composition directly affects the arithmetic of parliamentary arithmetic on money bills and ordinary legislation, affecting the relative ease of passage of legislation in the Upper House.
Key Facts & Data
- Tenth Schedule — inserted by 52nd Constitutional Amendment, 1985
- 91st Constitutional Amendment Act, 2003 — removed split exemption; raised merger threshold to two-thirds
- Kihoto Hollohan v. Zachillhu (1992) — landmark case upholding Tenth Schedule constitutionality
- Merger exemption (Paragraph 4): requires two-thirds of the legislative party's total strength, not just one House
- Rajya Sabha total strength: 245 (238 elected + 12 nominated — 5 vacancies vary)
- Article 80(1)(b) — elected members of Rajya Sabha: 238 maximum
- Post-merger Rajya Sabha strength of the receiving party reported at 113; ruling alliance total reportedly exceeding 140