AAP's Seven Defectors: A Merger That May Not Pass Legal Muster
Seven AAP Rajya Sabha MPs, including Raghav Chadha, announced a BJP merger on April 24 — AAP fired back with a formal disqualification petition the next day.
Seven of AAP's ten Rajya Sabha MPs — led by Raghav Chadha, the party's former deputy leader in the Upper House — announced on April 24, 2026 that they are merging with the BJP, wiping out two-thirds of AAP's Rajya Sabha bench in a single move. Within 24 hours, AAP MP Sanjay Singh filed a formal petition with Rajya Sabha Chairman C.P. Radhakrishnan on April 26, seeking disqualification of all seven under the Tenth Schedule of the Constitution — India's anti-defection law.
The Legal Fault Line
The defectors are betting on a specific carve-out in the Tenth Schedule: a merger is considered valid — and disqualification doesn't apply — if at least two-thirds of the original legislative party supports it. Seven of ten clears that bar on paper. AAP's counter-argument, articulated by Sanjay Singh, is that the Tenth Schedule's merger exception requires a formal merger of the original political party itself, not merely a group of legislators announcing solidarity with a rival. This is not a frivolous distinction. The Supreme Court has repeatedly drawn a line between a legislative party (MPs sitting in Parliament) and the original political party (the registered organisation), and courts have ruled that the latter's merger is a prerequisite for the exemption to hold. Since AAP as a party has not merged with the BJP, the seven MPs may be on constitutionally shaky ground.
The decision rests with the Rajya Sabha Chairman, whose rulings on disqualification are judicially reviewable — meaning this almost certainly ends up before the Supreme Court regardless of which way Radhakrishnan rules.
Who Gains, Who Loses
BJP is the clearest short-term winner. Adding seven Rajya Sabha MPs consolidates its Upper House numbers ahead of legislative business where the ruling coalition needs votes. AAP is the structural loser — reduced from ten to three RS seats — but the disqualification petition keeps pressure alive and frames the defectors as constitutional violators, useful optics ahead of state elections in Punjab, where AAP governs and must defend its brand. Chadha himself had been stripped of his deputy leader role as recently as April 2, 2026, a sign the rupture was weeks in the making, not a spontaneous crossing.
The defectors gain immediate access to the ruling coalition's resources and insulation from political irrelevance — AAP's parliamentary footprint had been shrinking fast after its losses in Delhi. For them, this is a survival calculation, not an ideological pivot.
What to Watch Next
Three pressure points in the coming weeks: First, whether Rajya Sabha Chairman Radhakrishnan admits AAP's petition for hearing — his track record on opposition petitions will matter. Second, any Supreme Court intervention, either by the defectors seeking a stay or AAP preemptively filing a writ. Third, the Punjab political fallout: if Chadha and company are seen as having abandoned AAP without legal consequence, it emboldens further defections in a state where AAP holds government but faces a resurgent Congress and BJP.
The Tenth Schedule has never successfully blocked a well-orchestrated two-thirds split in the Rajya Sabha. Whether the courts treat this merger differently — given the absence of an organisational party merger — is the central legal question of this episode. Watch the Chairman's desk first; the real answer will come from the Supreme Court.
For broader context on 
Indian politics and the constitutional battles reshaping its parliament, see Diplomat Briefing's India coverage.
Sources: 
The Hindu — Will AAP MPs face disqualification? | The Hindu — AAP submits petition to RS Chairman | The Hindu — Raghav Chadha sidelined
