Chadha's Move To Merge With BJP Adds To Growing List Of 'Defections' Testing Law
In recent times, MPs and MLAs have used a clause in the anti-defection law to their advantage while retaining their posts
Published : April 25, 2026 at 6:53 PM IST
Hyderabad: Rajya Sabha MP Raghav Chadha on Friday said there are 10 AAP MPs in the Rajya Sabha, and more than 2/3rd of them are with him. "We are exercising the provisions of the Constitution of India to merge with the BJP," he said in a press conference in New Delhi. Following this, Chadha, with the likes of Harbhajan Singh, Rajinder Gupta, Vikram Sahney and Swati Maliwal, joined the BJP in a classic example of 'political merger'.
But, while AAP leaders are claiming that the exit of MPs is a defection, it would not be appropriate, as the MPs, by merging with the BJP, did not defy the anti-defection law.
The Anti-Defection Law was enacted in 1985, following the recommendations of various committees and public demand for reforms. The law, inserted as the Tenth Schedule of the Constitution, sought to curb the practice by disqualifying defectors. However, over time, political actors have found ways to exploit loopholes in the law, raising questions about its efficacy.
The law was designed to curb political defections motivated by office or power. It sets out conditions under which legislators can be disqualified for switching parties. However, the law also provides specific exemptions that deal with mergers.
Under the provision, a Rajya Sabha member is not disqualified if his/her original political party merges with another party, and they either join the new party formed after the merger or choose to function as a separate group. The Tenth Schedule of the Constitution states explicitly that a merger is deemed valid "if, and only if, not less than two-thirds of the members of the legislature party concerned have agreed to such merger."
Had Chadha resigned alone, he would have been immediately liable for disqualification under the anti-defection law. His Rajya Sabha membership, too, would have been at risk.
Instead, by ensuring that at least two-thirds of AAP's Rajya Sabha MPs acted in cohesion, the group effectively shielded itself from disqualification. In constitutional terms, their move qualifies not as defection, but as a merger or split recognised under the Tenth Schedule. Crucially, such a merger is legally recognised only if at least two-thirds of the members of the legislature party agree to it.
Defection in Indian politics has a long history that began in the early years following Independence, when political instability was a common occurrence in several states. A turning point was reached during the 1967 general elections, which drastically altered the political landscape.
In a number of states, the Congress suffered significant defeats for the first time, which led to the emergence of coalition governments. Large-scale defections occurred at the time, following which the term 'Aya Ram, Gaya Ram' became famous. Haryana lawmaker Gaya Lal changed parties thrice times in just two days.
In recent times, the Bharat Rashtra Samithi (BRS), known for its aggressive recruitment of legislators from various parties during its two terms since 2014, faced a wave of defections in Telangana. In April, 2024, BRS leaders approached Assembly Speaker Gaddam Prasad Kumar seeking the disqualification of MLAs defecting under the anti-defection law.
The Speaker was in a fix as the matter reached the court. Earlier this year, the Supreme Court disposed of petitions filed by BRS leaders seeking the disqualification of 10 of the party's MLAs for allegedly defecting to Congress after the 2023 Assembly elections in Telangana.
A bench of Justice Sanjay Karol and Justice Augustine George Masih disposed of the batch of petitions after Abhishek Manu Singhvi, the Speaker's counsel, told the Court that the inquiry into the disqualification petitions had been completed and the final order had been passed. The 10 legislators were given a clean chit after the Speaker said that he did not find enough evidence to establish that they had crossed over.
Such instances clearly state that the anti-defection law can be circumvented, mostly for political gains or convenience.
Even after the law was enacted, the 21st century saw a resurgence of defections, with high-profile cases occurring in states such as Karnataka, Madhya Pradesh, and Maharashtra. The instances highlight the inadequacy of the existing legal framework in preventing defections and underscore the need for comprehensive reforms to safeguard the sanctity of democratic processes.
In Karnataka in 2019, 17 MLAs from the Congress-JD (S) coalition resigned, which led to the fall of the government. The defectors joined the BJP, securing ministerial positions.
Similarly, in Madhya Pradesh in 2020, Jyotiraditya Scindia departed from Congress, along with 22 loyal MLAs, and this resulted in a BJP-led government being formed in the state.
In 2022 in Maharashtra, Shiv Sena’s internal split saw Eknath Shinde leading a faction to align with the BJP, overthrowing the MVA coalition government.
The same year in Goa, several MLAs switched allegiance post-election despite pre-poll promises, exposing the fragility of party loyalties.
In Arunachal Pradesh in 2016, a significant political upheaval occurred when 43 Congress MLAs defected to form the People’s Party of Arunachal (PPA), altering the political landscape of the state.
The same year in Uttarakhand, a rebellion by Congress MLAs led to a brief imposition of President’s Rule before the Supreme Court restored the state government. In Manipur in 2017, post-election defections saw the BJP form a government despite the Congress emerging as the single largest party.
The patterns of defections in India are mostly linked to political opportunism, lack of strong ideological commitments, and financial incentives. Sharp spikes have been observed during closely contested elections or coalition government formations, often leading to political instability.
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