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Anti-Defection Law: Two-Thirds Merger Rule Explained

28 April 20261 min read
NATIONAL AFFAIRSAnti-DefectionLaw: Two-ThirdsMerger RuleExplained28 April 2026safalsetu.com

Why in the news

Seven Rajya Sabha members of the Aam Aadmi Party shifted to the BJP. Since they form more than two-thirds of AAP’s strength in the House, they may avoid disqualification under the merger exception of the anti-defection law.

Key facts

  • Law: Tenth Schedule of the Constitution, added by the 52nd Amendment (1985).
  • 91st Amendment (2003): deleted the one-third split rule and capped the Council of Ministers at 15% of House strength.
  • Exception: Paragraph 4, the merger clause, needing at least two-thirds of the legislature party to agree.
  • Referee: Chairman (Rajya Sabha) or Speaker (Lok Sabha), subject to judicial review per Kihoto Hollohan on grounds of mala fides or perversity.

Grounds for disqualification

Member typeGround
Party memberVoluntarily giving up membership
Party memberDefying the whip by voting or abstaining against party direction without permission
IndependentJoining a party after election
NominatedJoining a party after six months of taking the seat

Background

  • Purpose: stability by checking “Aaya Ram, Gaya Ram” floor-crossing.
  • Logic of the exception: a two-thirds exit is seen as a collective decision, not individual opportunism.
  • Whip: written party order to vote a certain way.
  • Courts read “voluntarily giving up membership” broadly; conduct such as attending an opposition rally may count.
  • 15% rule: ministers, including PM or CM, capped at 15% of the House or Assembly to stop rewarding defectors with cabinet berths.

Exam angle

  • Amendments: 52nd (1985) adds, 91st (2003) tightens.
  • Related terms: Tenth Schedule, whip, merger, presiding officer.
  • Relevant for UPSC GS-2 polity and SSC/banking GK.

Test yourself

1. Which amendment removed the anti-defection provision recognising a split by one-third of a party's legislators?

The 91st Amendment (2003) deleted the split rule, leaving only mergers.

2. What minimum share of a legislature party must agree to a merger for members to escape disqualification under the Tenth Schedule?

Paragraph 4 requires at least two-thirds of the legislative party.

3. Which Constitution schedule is called the Anti-Defection Law?

The 52nd Amendment (1985) added the Tenth Schedule.