The Aam Aadmi Party (AAP) is facing a significant organizational crisis after seven of its Rajya Sabha members crossed over to the Bharatiya Janata Party (BJP). The departing members include Raghav Chadha, Sandeep Pathak, Ashok Mittal, Harbhajan Singh, Rajinder Gupta, Swati Maliwal, and Vikramjit Sahney.
Legal Battle Over Disqualification
AAP has announced it will write to Rajya Sabha Chairman C P Radhakrishnan to seek the disqualification of the seven members. Sanjay Singh, the party’s leader in the Rajya Sabha, described the move as “unconstitutional and illegal.”
Singh argued that the anti-defection law does not recognize any form of split in the Rajya Sabha, Lok Sabha, or assembly, citing the Shiv Sena case as a precedent. He intends to demand the complete termination of the membership of all seven MPs.
Conversely, most legal experts, with the exception of Kapil Sibal, suggest the move may not violate the anti-defection law. They highlight that the Tenth Schedule allows for defections when they occur as a “merger,” provided two-thirds of a legislature party break away to join another party.
Internal Friction and Motivations
The departing MPs have cited deep-seated grievances with the AAP leadership. Raghav Chadha stated that the decision was driven by a sense of “disappointment, disengagement and disgust.”
Vikramjit Sahney pointed to a “dire crisis” in Punjab, noting rising debt exceeding Rs 4.5 lakh crore, an agrarian crisis, the drug menace, and slow project implementation. Sahney as well alleged that leadership, specifically CM Bhagwant Mann, was not receptive to suggestions and was hard to reach.
Other reports suggest organizational challenges, such as the gradual marginalization of Sandeep Pathak following the Delhi polls. There has also been speculation that some members, including Ashok Mittal, may have moved due to pressure from ED cases.
BJP’s Response and Political Impact
BJP National President Nitin Nabin welcomed the MPs at the party headquarters, encouraging them to work toward the goal of “Viksit Bharat by 2047.” Nabin stated that the merger reflects growing public trust in Prime Minister Narendra Modi.
Nabin further attributed the exits to internal dissatisfaction within the AAP, specifically mentioning corruption allegations linked to the party’s leadership and Arvind Kejriwal.
Potential Next Steps
The situation may now move toward a formal ruling by the Rajya Sabha Chairman regarding the membership status of the seven MPs. Depending on the interpretation of the Tenth Schedule, the members could either be disqualified or remain in their seats as part of the BJP.
AAP may continue to seek executive intervention through meetings with the President, though the lack of a constitutional “right to recall” makes such efforts a potential uphill battle.
Frequently Asked Questions
Which AAP MPs joined the BJP?
The seven MPs are Raghav Chadha, Sandeep Pathak, Ashok Mittal, Harbhajan Singh, Rajinder Gupta, Swati Maliwal, and Vikramjit Sahney.
What is the basis of the legal dispute regarding their defection?
AAP argues that no form of split is permissible under the anti-defection law. Though, many legal experts believe the move is legal as the Tenth Schedule permits a “merger” if two-thirds of the legislature party breaks away.
Why did Vikramjit Sahney decide to leave the party?
Sahney cited disenchantment with the Punjab government’s functioning, mentioning the drug menace, agrarian crisis, and state debt over Rs 4.5 lakh crore, as well as the inaccessibility of CM Bhagwant Mann.
Do you believe the “merger” rule in the anti-defection law provides too much flexibility for political parties?
Related reading