Rajya Sabha defections, constitutional questions
The article analyzes the constitutional implications of the alleged merger of seven Aam Aadmi Party (AAP) Rajya Sabha MPs with the BJP, invoking the 'merger' exception under the 10th Schedule of the Constitution. It discusses the evolution of the anti-defection law, including the introduction of the 10th Schedule by the 52nd Amendment (1985) and the deletion of the 'split' provision by the 91st Amendment (2003). The core debate centers on whether the 'merger' exception requires a decision by the original political party or merely two-thirds of the legislature party, with the Supreme Court's stance in Subhash Desai vs Principal Secretary, Governor of Maharashtra (2023) emphasizing the primacy of the political party.
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