Anti-Defection Law: Two-Thirds Merger Rule Explained
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 type | Ground |
|---|---|
| Party member | Voluntarily giving up membership |
| Party member | Defying the whip by voting or abstaining against party direction without permission |
| Independent | Joining a party after election |
| Nominated | Joining 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.