Three AAP Rajya Sabha MPs Raghav Chadha, Sandeep Pathak, and Ashok Mittal announced their merger with the BJP on April 24, 2026. By bringing along two-thirds of AAP’s Upper House strength, they cleverly sidestepped the anti-defection law and kept their parliamentary seats intact.

One day changed everything for AAP in Parliament
In a dramatic political shift, AAP Rajya Sabha MP Raghav Chadha announced his departure from the Aam Aadmi Party on April 24, 2026. He was joined by two fellow MPs Sandeep Pathak and Ashok Mittal. Together, the three legislators announced their formal merger with the Bharatiya Janata Party. The move delivered a major blow to Arvind Kejriwal’s party.
At a press conference in New Delhi, Chadha addressed the media and laid out the reasons behind his decision. He said, “The Aam Aadmi Party, which I nurtured with my blood and sweat and to which I gave 15 years of my youth, has now completely deviated from its principles, values, and core morals. The party is no longer working for the country or in the national interest, but for personal gain.”
Chadha did not hold back. He added, “Many of you have been telling me this for the past few years, and I too have personally felt that I am the right man in the wrong party. I repeat, ‘I am the right man in the wrong party.'”
The two-thirds formula that changed the game
AAP currently holds ten seats in the Rajya Sabha. That means two-thirds of that strength comes to seven MPs. Chadha claimed that more than two-thirds of AAP’s Upper House MPs had agreed to the merger. He stated, “We, two-thirds of the Members of Parliament belonging to the Aam Aadmi Party in the Rajya Sabha, will exercise the provisions of the Constitution of India and merge with the Bharatiya Janata Party.”
He confirmed the paperwork was ready. “We have already signed and submitted all the documents to the Chairman of the Rajya Sabha,” he said.
This number two-thirds is not coincidental. It is the precise threshold required under the Tenth Schedule of the Indian Constitution, also known as the anti-defection law, to avoid losing one’s parliamentary seat.
What the anti-defection law says and why it matters
India’s anti-defection law was added to the Constitution in 1985. It disqualifies any elected member who voluntarily quits their party or votes against party direction in the House. The aim was to prevent political horse-trading and instability.
However, the law does carry a significant exception the merger clause. If at least two-thirds of a legislative party’s members agree to merge with another party, those members cannot be disqualified. This protection extends both to those who join the new party and to those who remain with the original one.
Originally, the law allowed a split by one-third of members to qualify as a valid merger. The 91st Constitutional Amendment Act of 2003, which came into force in 2004, raised that bar to two-thirds. The move was aimed at making defections harder to pull off.
Why they brought the numbers and why it matters
The critical detail here is that the three MPs did not just walk out alone. Chadha made a point of claiming that the group constituted two-thirds of AAP’s Rajya Sabha MPs. This was a deliberate legal strategy. Had fewer than two-thirds joined the move, every departing MP would have faced the risk of disqualification and a possible loss of their Rajya Sabha seat.
By crossing the two-thirds threshold, the group triggers the merger exception under the Tenth Schedule. Their move becomes a “merger” in constitutional terms, not a “defection.” This is the law working exactly as designed or depending on your view, being cleverly used to circumvent its spirit.
Chadha levels serious allegations at AAP
Beyond the legal maneuver, Chadha made pointed allegations against the AAP leadership. He said, “I am telling you the real reason as to why I distanced myself from party activities. I did not want to be a part of their crimes. I was not eligible for their friendship because I was not a part of their crime.”
He said the departing MPs had two choices. “We had just two options either quit politics and give up our public work of the last 15-16 years, or we do positive politics with our energy and experience,” he said.
All three MPs Chadha, Pathak, and Mittal have represented AAP in the Rajya Sabha since 2022. They stated they now plan to work with Prime Minister Narendra Modi for national progress under the BJP banner.
A significant setback for Kejriwal and AAP
The departure of three seasoned MPs in one move cuts deep into AAP’s already shrinking presence in Parliament. The party has faced political setbacks in recent assembly elections. Losing its Rajya Sabha MPs through a constitutional merger not a resignation limits AAP’s options for any counter-move or disqualification petition.
This episode also underscores how the anti-defection law, despite its intent, can be used strategically by those who plan their exit carefully. The number game ensuring you have enough members to cross the two-thirds line has become a staple of Indian political realignments.








