AAPocalypse Now: As Raghav Chadha & 6 Other MPs Quit, Is Party Set To Lose Identity Like Shiv Sena, NCP?

Last Updated:April 24, 2026, 17:12 IST

If history is any guide, the precedents set by the Shiv Sena and Nationalist Congress Party (NCP) splits suggest that the AAP leadership may be facing a legal 'whack-a-mole'

The Aam Aadmi Party (AAP) has been thrust into an existential crisis following the shock resignation and likely merger of seven out of its ten Rajya Sabha members with the Bharatiya Janata Party (BJP). Led by Raghav Chadha, the group has invoked the “two-thirds" merger clause of the Anti-Defection Law, effectively shielding themselves from disqualification. However, beyond the immediate loss of parliamentary seats, a much larger battle looms: the fight for the party’s name and its iconic “Broom" symbol. If history is any guide, the precedents set by the Shiv Sena and Nationalist Congress Party (NCP) splits suggest that the AAP leadership may be facing a legal “whack-a-mole" that could strip them of their very identity.

How does the Election Commission decide who owns the party?

When a recognised political party splits into two rival factions, the Election Commission of India (ECI) acts as the final arbiter under Paragraph 15 of the Election Symbols (Reservation and Allotment) Order, 1968. The commission does not simply look at who founded the party; it applies a rigorous “three-test" formula established by the Supreme Court in the 1972 Sadiq Ali case.

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The primary metric is the test of majority, which is divided into two parts: the legislative wing (MPs and MLAs) and the organisational wing (office bearers and delegates). In recent years, the ECI has placed overwhelming weight on the legislative majority. In the 2023 Shiv Sena split, the ECI awarded the party name and “Bow and Arrow" symbol to the Eknath Shinde faction simply because they held a majority of the party’s elected representatives, despite the Uddhav Thackeray camp claiming the “organisational soul" of the party.

What happened during the Shiv Sena and NCP splits?

The Maharashtra political drama of 2022–2024 provides a chilling roadmap for AAP. In both the Shiv Sena and NCP cases, the “rebel" factions—led by Eknath Shinde and Ajit Pawar, respectively—succeeded in convincing the ECI that they were the “real" party.

In the NCP dispute, the ECI noted that Ajit Pawar’s faction had the support of 51 out of 81 legislators (including MPs and MLAs). Consequently, in February 2024, the ECI recognised Ajit Pawar’s group as the “real NCP" and allotted them the “Clock" symbol. The original founder, Sharad Pawar, was forced to adopt a new name (NCP-Sharadchandra Pawar) and a new symbol (a man blowing a “Turha"). For AAP, the risk is that if the Rajya Sabha merger is followed by similar defections in the Delhi or Punjab Assemblies, Arvind Kejriwal could legally lose the right to use the name “Aam Aadmi Party" and the “Broom" symbol in future elections.

Can a ‘legislative majority’ override the party founder?

One of the most contentious aspects of these rulings is that they often favour the defectors if they have the numbers. During the Shiv Sena crisis, the Supreme Court clarified that while the “Legislative Party" and “Political Party" are distinct entities, the ECI has the concurrent power to decide on the symbol dispute based on the numbers provided.

If Raghav Chadha’s group can prove that their “merger" with the BJP is backed by a significant portion of the AAP’s national and state representatives, they could theoretically file a claim with the ECI. While Chadha has joined the BJP rather than forming a rival “AAP (Chadha)" faction, the precedent suggests that the mother party is highly vulnerable once its “legislative floor" collapses.

What is the immediate impact on AAP’s identity?

For now, AAP remains the “Aam Aadmi Party," but it is an entity under siege. The loss of 70% of its Rajya Sabha strength is a psychological blow that signals to voters and donors alike that the party’s central leadership is losing its grip.

Just as the Uddhav Thackeray and Sharad Pawar camps had to scramble to rebrand themselves before elections, the AAP leadership may find itself entangled in years of litigation. As the 2026 election cycle heats up, the “Broom" may find itself being wielded by a very different hand.

News politics AAPocalypse Now: As Raghav Chadha & 6 Other MPs Quit, Is Party Set To Lose Identity Like Shiv Sena, NCP?

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