Gang of Seven: AAP Defections to BJP Raise Anti-Defection Law Debate
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📌 Summary:
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Seven AAP MLAs defected to BJP in Delhi, reigniting debate over the Tenth Schedule (Anti-Defection Law) of the Indian Constitution
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Under Tenth Schedule: a member faces disqualification if they voluntarily give up party membership or vote/abstain contrary to party direction without prior permission
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Exception clause: a merger is not treated as defection if at least two-thirds of the party's legislative strength joins the new party — the "merger" loophole
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Key constitutional question: Whether seven MLAs (out of AAP's ~40-member Delhi assembly group) cross the two-thirds threshold and qualify for merger protection
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Speaker's role: Under Schedule X, the Speaker of the House is the sole adjudicating authority — raising concerns about political impartiality when Speaker belongs to the ruling party
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Supreme Court precedents: Kihoto Hollohan (1992) upheld Tenth Schedule constitutionality; Nabam Rebia (2016) held that proceedings against Speaker can be heard by courts; recent judgments have set timelines for Speaker decisions
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Reform proposals: (a) Transfer disqualification decisions to an independent tribunal or Election Commission; (b) restrict defections to election period only; (c) allow free voting on non-confidence motions
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