. NEW DELHI: Renowned legal experts highlighted the Tenth Schedule’s inability to stop political defections when they acquire the scale of “merger” and said joining of BJP by seven AAP Rajya Sabha MPs led by Raghav Chadha would not fall foul of the anti-defection law, which approves two-thirds of a legislature party to break away and merge with another party.Senior advocates Mukul Rohatgi, Neeraj Kishan Kaul and Maninder Singh said Section 4(2) of the Tenth Schedule provided that the penalty of disqualification may not arise if two-thirds of the strength of a legislature party in a House approves breaking away from the party on whose ticket they got elected and merged with another party.Senior advocate A M Singhvi, who as lead advocate in matters where he had opposed and supported such political decisions in SC, said, “The Tenth Schedule says that (i) one political party must merge with another and (ii) two-thirds members of the legislature party must agree to the said merger. SC held that the legislature party and political party cannot be conflated as they are separate entities. Accordingly, mere merger of legislature parties is not sufficient.” AAP had 10 MPs in RS and seven would constitute two-third of its legislature party in the House.However, he said that what is more material is that arbiter of such disputes happens to be the presiding officer/Speaker of a House who owes his position to the ruling dispensation, which makes it difficult to get such MPs/MLAs disqualified under provisions of anti-defection law.”I have said so many times over last decade that Tenth Schedule is a sterile part of Constitution, which should be repealed and substituted by two lines: Any MP/MLA who defects from the party from which he got elected to House shall cease to be a member of House and must seek re-election,” Singhvi said.Kaul said, “If two-thirds of members of a legislature party approve that a merger has happened of the party, then the merger is deemed to have happened and, therefore, it is a valid defence by them to avoid disqualification in the House.” He said in Shiv Sena case, SC had accepted that Section 4(2) of Tenth Schedule was a valid defence in disqualification proceedings.Rohatgi and Singh said a legislature party was relatable to the House concerned. “If two-thirds of total members of a party in RS decide to merge with another party, it shall be considered a valid merger and will not invite disqualification under the anti-defection law.” In April 2003, an amendment to the Tenth Schedule had barred the earlier prevalent defections arising from splits in the party.End of ArticleFollow Us On Social MediaVideosHow Kejriwal’s AAP And Raghav Chadha Drifted Apart In A Slow-Burn Political Breakup”Right Man, Wrong Party”: Raghav Chadha Quits AAP with 6 MPs; The End of Kejriwal’s RS Power?Why Israel Is Relocating Hidden Jews From India-s Northeast Amid War PressuresAshok Mittal Joins BJP After Replacing Raghav Chadha In RS & ED Raids | WatchSamrat Choudhary, Tejashwi Yadav Clash Over CM Post, Stability & Lalu LegacyHow Raghav Chadha, Sandeep Pathak, Ashok Mittal Exit Triggers AAP CrisisAAP Targets Raghav Chadha & MPs Over Exit, Says they ‘Betrayed The People Of Punjab’Meet The 7 AAP MPs Who Resigned And Joined BJP In Big Political Shock To KejriwalRaghav Chadha Quits AAP, Joins BJP With Six Other MPs | WatchBihar CM Samrat Choudhary Clears Floor Test, NDA Government Proves Majority In Assembly123PhotostoriesAnupamaa fame Paras Kalnawat opens up about being cheated on and a toxic relationship that took a toll on him; says, “Main tadap raha tha aur uske 15-16 boyfriend ban rahe the”Why does Aloo Bhujia stick to the kadhai? 4 simple tips to fix it at homeForget mozzarella and cheddar: Try these 6 traditional Indian cheeses that are highly nutritiousWhat makes their marriage so strong? 5 relationship secrets to learn from Anjali and Sachin TendulkarAre you loading your dishwasher the right way? Here’s what actually worksWhy Gen Z is choosing lab-grown diamonds for modern engagement ringsChronic inflammation may be raising your disease risk: Doctor shares 7 foods that help calm it naturallyWhat that tiny hole in your sink is really forA rare moment put Ranthambore National Park back in the spotlight — 5 reasons fans are going now‘The Devil Wears Prada 2’ star Anne Hathaway’s most iconic red carpet looks123Hot PicksTamil Nadu ElectionWest Bengal voter turnoutAssembly Election 2026Mamata BanerjeeTamil Nadu voter turnoutAmit ShahPM ModiTop TrendingRaghav Chadha Joins BJPTamil Nadu electionAP SSC Class 10 resultsRRB opens qualificationAIIMS B.Sc. coursesJac Class 12 ResultPatrick MahomesBengal PollsNirmala SitharamanIPL Orange Cap
NEW DELHI: Renowned legal experts highlighted the Tenth Schedule’s inability to stop political defections when they acquire the scale of “merger” and said joining of BJP by seven AAP Rajya Sabha MPs led by Raghav Chadha would not fall foul of the anti-defection law, which approves two-thirds of a legislature party to break away and merge with another party.Senior advocates Mukul Rohatgi, Neeraj Kishan Kaul and Maninder Singh said Section 4(2) of the Tenth Schedule provided that the penalty of disqualification may not arise if two-thirds of the strength of a legislature party in a House approves breaking away from the party on whose ticket they got elected and merged with another party.Senior advocate A M Singhvi, who as lead advocate in matters where he had opposed and supported such political decisions in SC, said, “The Tenth Schedule says that (i) one political party must merge with another and (ii) two-thirds members of the legislature party must agree to the said merger. SC held that the legislature party and political party cannot be conflated as they are separate entities. Accordingly, mere merger of legislature parties is not sufficient.” AAP had 10 MPs in RS and seven would constitute two-third of its legislature party in the House.However, he said that what is more material is that arbiter of such disputes happens to be the presiding officer/Speaker of a House who owes his position to the ruling dispensation, which makes it difficult to get such MPs/MLAs disqualified under provisions of anti-defection law.“I have said so many times over last decade that Tenth Schedule is a sterile part of Constitution, which should be repealed and substituted by two lines: Any MP/MLA who defects from the party from which he got elected to House shall cease to be a member of House and must seek re-election,” Singhvi said.Kaul said, “If two-thirds of members of a legislature party approve that a merger has happened of the party, then the merger is deemed to have happened and, therefore, it is a valid defence by them to avoid disqualification in the House.” He said in Shiv Sena case, SC had accepted that Section 4(2) of Tenth Schedule was a valid defence in disqualification proceedings.Rohatgi and Singh said a legislature party was relatable to the House concerned. “If two-thirds of total members of a party in RS decide to merge with another party, it shall be considered a valid merger and will not invite disqualification under the anti-defection law.” In April 2003, an amendment to the Tenth Schedule had barred the earlier prevalent defections arising from splits in the party.
