• Source:JND
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AAP MPs Row: With seven Aam Aadmi Party (AAP) MPs having merged with the Bharatiya Janata Party (BJP), two claims are flying in the air. While turncoats - Raghav Chadha, Sandeep Pathak, Ashok Mittal, Harbhajan Singh, Swati Maliwal, Vikramjit Sahney, and Rajinder Gupta - claimed that the tally (2/3rd of the total 10 AAP MPs in the Upper House) provides them immunity from disqualification from their posts under the Anti-Defection Law, Arvind Kejriwal's party said rebel leaders violate the law.

What Law Says

The matter falls under the Tenth Schedule to the Constitution of India, also known as the Anti-Defection Law and the Parliament (Prevention of Disqualification) Act, 1959 ( politically known as "Aya Ram Gaya Ram"), that disqualifies MPs or MLAs if they voluntarily resign from their party or vote against party instructions (whip). The Anti-Defection Law says that an MP does not automatically lose their seat if he/she is expelled by the party. MPs will also not be disqualified if 2/3rd of the total number merge with another party.

ALSO READ: ‘They Wouldn’t Have Left..’: Anna Hazare Blames Arvind Kejriwal After Raghav Chadha, 6 Others Quit AAP

What Legal Expert Says

In the case of MPs, the decision is taken by the Lok Sabha Speaker or the Rajya Sabha Chairman. They decide whether disqualification applies according to the rules.

aap mps

"Earlier, there was a 1/3 rule known as split, but it has now been removed. Now, only one valid exception exists to the merger. If at least two-thirds of the MPs of a party join another party, then disqualification does not apply," Ashish Chaubey, SC Advocate, explained.

If 7 out of these 10 MPs (2/3) merge with another party and submit a written memorandum of merger, then according to the above rules, their membership should remain valid, and they should not be disqualified, he added.

AAP Seeks Disqualification Of Rebel MPs

AAP leader Sanjay Singh on Saturday slammed party leaders who joined the BJP, calling it unconstitutional and against parliamentary rules. He alleged that the manner in which the MPs joined the BJP violated constitutional provisions and the anti-defection law.

Singh said, "Seven people announced joining the BJP in a manner that was unconstitutional, illegal, and against the rules. This is completely wrong legally."

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AAP's Explanation On Seeking Disqualification

AAP leader, citing the Anti-Defection Law, said the Constitution clearly states that any split or factional breakaway is not allowed in the Assembly, Rajya Sabha, or Lok Sabha, and has no constitutional validity. The rebel MPs' action is tantamount to voluntarily relinquishing membership of their original party under the Tenth Schedule of the Constitution, Singh explained.

Reiterating AAP's stand, Singh said the decision of the MPs was invalid and demanded strict action. "The seven Rajya Sabha MPs of the Aam Aadmi Party who have defected--this is illegal, wrong, unconstitutional, and against parliamentary rules," he said.

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He further announced plans to escalate the matter to the Rajya Sabha Chairman. "That is why today I will write to the Chairman of the Rajya Sabha, the Hon'ble Vice President, citing all these rules, requesting that the membership of all seven of these Rajya Sabha MPs be terminated completely," Singh said.

Matter Likely To Reach Court

Similar issues have been seen in Maharashtra, which were resolved by the Supreme Court. The splits in Shiv Sena and NCP created confusion over the Anti-Defection Law. In the AAP case too, two versions of the law emerged, which may see a solution in the court or by the Chairman of the Rajya Sabha.

(With ANI Inputs)


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