AAP MPs' Defection to BJP Tests Anti-Defection Law's Two-Thirds Threshold

Hindustan Times - India · 28 Apr 2026 · 2 min read
Prelims · Polity Mains · GS2 Polity and constitution High relevance

Seven AAP Rajya Sabha MPs, including Raghav Chadha, defected to BJP by invoking the two-thirds merger clause under the Tenth Schedule, highlighting loopholes in anti-defection laws that Chadha himself had sought to amend in 2022.

Key points

Raghav Chadha, who once proposed stricter anti-defection laws, led seven AAP Rajya Sabha MPs in defecting to BJP, exploiting the very provision he sought to reform.

The defection was enabled by the two-thirds threshold under the Tenth Schedule, which allows a group constituting two-thirds of a party's strength to merge with another party without disqualification.

In 2022, Chadha introduced a Private Member Bill proposing to raise the defection threshold from two-thirds to three-fourths and bar defectors from contesting elections for six years, but it was never passed.

The AAP has sought disqualification of the seven MPs, but the Rajya Sabha Chairman accepted the merger request, leaving judicial intervention as the party's only recourse.

Punjab CM Bhagwant Mann demanded the 'recall' of six defectors elected from Punjab, a mechanism Chadha himself advocated for in February 2026, though no constitutional provision exists for it.

This connects to GS2-Polity as it underscores the challenges in enforcing anti-defection laws and the need for reforms to prevent political horse-trading.

[GS3-Governance] The episode highlights systemic governance issues, where legal loopholes are exploited for political gains, undermining democratic accountability.

Way Forward: India should amend the Tenth Schedule to raise the defection threshold to three-fourths, introduce a cooling-off period for defectors before they can contest elections, and establish an independent tribunal to adjudicate defection cases impartially.

Key terms

Rajya Sabha Chairman

The Rajya Sabha Chairman is the Vice President of India, who presides over the House's proceedings. In anti-defection cases, the Chairman decides on disqualification petitions, making this role crucial for UPSC's polity questions on parliamentary processes and constitutional offices.

Right to Recall

A proposed mechanism allowing voters to remove elected representatives before their term ends, aimed at enhancing accountability. Though not constitutionally recognized in India, it's relevant for UPSC as part of debates on electoral reforms and direct democracy instruments.

Tenth Schedule of the Constitution

The Tenth Schedule, also known as the Anti-Defection Law, was added by the 52nd Amendment Act, 1985, to prevent political defections. It disqualifies MPs/MLAs who voluntarily give up party membership or vote against party directives, but allows mergers if two-thirds of a party's members agree. Its UPSC relevance lies in its role in maintaining political stability and the ongoing debates about its effectiveness.

Private Member Bill

A Private Member Bill is introduced by any MP who is not a minister. It reflects individual legislative initiative but rarely passes due to lack of government support. For UPSC, it's significant as a tool for raising issues outside the government's agenda, exemplified by Chadha's anti-defection reform attempt.