Mathematics behind the Two-Thirds Rule: Why Chadha used it for the merger of seven AAP MPs with the BJP
Kanwar Inder Singh/ royalpatiala.in News/ April 24,2026
Today, Raghav Chadha, a Rajya Sabha MP from Punjab representing the Aam Aadmi Party (AAP), announced that he will join the Bharatiya Janata Party (BJP) along with a significant number of AAP MPs in the Rajya Sabha.
Addressing a press conference, he stated:“We have decided that we, constituting more than two-thirds of the AAP members in the Rajya Sabha, will exercise the provisions of the Constitution of India and merge with the BJP.”
There are currently 10 AAP MPs in the Rajya Sabha (7 from Punjab and 3 from Delhi). According to Chadha, more than two-thirds of them are part of this decision—a threshold required for such a merger to be recognized under the law.
Under the provisions of the anti-defection law (Tenth Schedule of the Constitution), if at least two-thirds of the members of a legislative party agree to merge with another party, they are exempt from disqualification. This applies only in cases of a “wholesale” merger, not individual defections. Both the members who join the new party and those who choose to remain with the original party are protected.
The 91st Constitutional Amendment Act removed the earlier provision allowing splits by one-third of members, making the two-thirds merger rule the only valid exception. Therefore, all 10 members—including the 7 who have reportedly shifted their allegiance to the BJP—would retain their membership in the Rajya Sabha.
As per the rules, if Raghav Chadha, Swati Maliwal, or any other MP had quit the Aam Aadmi Party with less than a two-thirds majority, the anti-defection law would have been applied to them.
Apart from Raghav Chadha, the MPs said to be part of the merger include Harbhajan Singh, Sandeep Pathak, Ashok Mittal, Swati Maliwal, Rajendra Gupta, and Vikram Sahani.
No anti defection law will be applicable on them and this will have no affect on their membership.
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