The BRICS TimesNDA’s strength in the Rajya Sabha is poised to climb from 141 to 148 as seven AAP members led by Raghav Chadha announce a formal merger with the BJP, invoking the anti-defection law’s two-thirds merger protection clause.
A significant political shift in the upper house
The Bharatiya Janata Party-led National Democratic Alliance is set to gain a fresh boost in Rajya Sabha strength. Seven of the ten Aam Aadmi Party members in the upper house have announced their merger with the BJP. They conveyed this formally to Rajya Sabha Chairman CP Radhakrishnan. Since two-thirds of AAP’s parliamentary party in the house are merging, these lawmakers are protected under the anti-defection law. The Tenth Schedule of the Constitution requires at least two-thirds of elected members to agree for a merger to be valid.
Raghav Chadha leads the charge, BJP numbers set to rise
Former AAP deputy leader in the Rajya Sabha, Raghav Chadha, made the announcement publicly. He told reporters, “We have decided that we, 2/3rd of members belonging to the AAP in Rajya Sabha, exercise the provisions of the Constitution of India and merge with the BJP.” Chadha confirmed that seven MPs signed a formal letter to the Rajya Sabha Chairman. Following the announcement, these seven lawmakers also met BJP president Nitin Nabin. The merger is set to lift the BJP’s Rajya Sabha count from 106 to 113. The NDA’s overall tally will rise from 141 to 148, including the seven nominated members.
The seven MPs and their terms
The ten AAP lawmakers in the Rajya Sabha included members serving terms until 2028 and 2030. Those merging include Raghav Chadha, Ashok Mittal, Sandeep Pathak, Rajinder Gupta, Vikramjit Singh Sahney, Harbhajan Singh and Sant Balbir Singh, all serving until 2028. Sanjay Singh, Narain Dass Gupta and Swati Maliwal continue until 2030 and are not part of the merger. The AAP also has three MPs in the Lok Sabha, giving the party a broader parliamentary presence that now faces a visible fracture.
BJP eyes further gains as seats fall vacant
The BJP expects further additions before the year ends. Over 30 Rajya Sabha seats are set to fall vacant by year-end. The party anticipates winning at least five more seats from this round, pushing its tally closer to the two-thirds mark of 163. This would significantly strengthen the ruling party’s legislative muscle in the upper house and reduce dependence on allies for critical votes.
Sanjay Singh pushes back, demands disqualification
AAP leader Sanjay Singh fired back sharply. He posted on X saying, “I will submit a letter to the Hon’ble Rajya Sabha Chairman, in which a demand will be made to declare Raghav Chadha, Ashok Mittal, and Sandeep Pathak disqualified from Rajya Sabha membership for joining the Bharatiya Janata Party (BJP), as this is tantamount to voluntarily relinquishing membership of their original party under the Tenth Schedule of the Constitution.” This sets up a direct constitutional clash between the two factions over who represents the original AAP parliamentary party.
Legal experts weigh in on the anti-defection question
Constitutional experts noted that the Rajya Sabha Chairman has the final say. PDT Achary, former secretary general of the Lok Sabha, explained the legal position clearly. “If there is another faction of the AAP, which seeks their disqualification on the grounds that 2/3rd of the original party is not with them, then the Chair has to take a call on disqualifying them,” he said. In this case, since two-thirds of the AAP parliamentary party in the Rajya Sabha is merging, those members are shielded from disqualification. However, Achary added a crucial rider. He said members can save themselves from disqualification “only if their original political party has merged with another party.” This means the seven MPs must claim they represent the original party and approach the Election Commission. “They are liable to be disqualified irrespective of 2/3rd members going, so long as no merger of the original AAP has taken place,” he said.
Election Commission’s role in a split scenario
If the party splits, Arvind Kejriwal, the AAP’s founder and National Convenor, can move the Election Commission to stake his claim to the party symbol. Achary pointed out that the EC takes a call on which faction gets the symbol for national parties. The seven lawmakers have announced a merger with the BJP and have not sought the AAP’s original symbol. The EC has the power to freeze the symbol if it cannot immediately verify the majority claims of either side, asking both factions to use interim names and symbols.
A throwback to the TDP merger of 2019
This development carries echoes of a similar episode from 2019. The TDP parliamentary party in the Rajya Sabha merged with the BJP at the time. Four of the six TDP Rajya Sabha MPs, namely Y.S. Chowdary, C.M. Ramesh, Garikapati Mohan Rao and T.G. Venkatesh, joined the BJP and were spared disqualification under the Tenth Schedule. The TDP and the BJP are now formal allies. The same constitutional protection that shielded them is now being invoked by the AAP seven.
AAP’s state presence and what this means going forward
Despite the Rajya Sabha jolt, the AAP retains a considerable state-level presence. The party has 22 MLAs in Delhi and governs Punjab with 92 assembly members. It also has four MLAs in Gujarat, one in Jammu and Kashmir and two in Goa. The Rajya Sabha merger, while legally protected under the two-thirds rule, will test the party’s organisational cohesion and its ability to hold its remaining parliamentary contingent together.
