How Raghav Chadha, Other AAP MPs Invoked Paragraph 4 of Tenth Schedule To Seek RS Membership Protection

Last Updated:April 24, 2026, 16:58 IST

Paragraph 2 of Tenth Schedule provides for disqualification if a member voluntarily gives up membership of their political party or votes against the party whip.

More than two-thirds of Rajya Sabha MPs from the Aam Aadmi Party have switched sides on Friday, claiming a merger with the BJP under the Tenth Schedule – a move that could help them retain their House membership under the anti-defection law.

It is important to note that once a person is elected to the Rajya Sabha, their membership is protected under the Constitution. A party cannot directly remove an MP, but disqualification is possible under anti-defection provisions.

The announcement was made by Raghav Chadha, in the presence of Sandeep Pathak and Ashok Mittal. Chadha claimed that Harbhajan Singh, Rajinder Gupta, Vikram Sahney and Swati Maliwal are also likely to join the move. However, most of the remaining MPs have not made any announcement so far.

Out of the total 10 Rajya Sabha MPs from AAP, for the protection of membership, at least two-thirds (seven) MPs need to support the merger with another party. Of the 10 MPs, three were from Delhi and seven from Punjab. Out of the seven names shared by Chadha, Maliwal was the sole MP from Delhi and remaining six were from Punjab.

While making the announcement, Chadha said there are 10 AAP MPs in the Rajya Sabha and “more than 2/3rd of them are with us in this. They have signed and this morning we submitted the signed letter and documents to the Rajya Sabha Chairman".

It is important to note that the final decision lies with the Rajya Sabha Chairman.

Anti-Defection Rules

Paragraph 2 of the Tenth Schedule provides for disqualification if a member voluntarily gives up membership of their political party or votes against the party whip – disqualified on grounds of defection.

However, Paragraph 4 of the same text states that disqualification on ground of defection will not be applied in case of merger and “not less than two-thirds of the members of the legislature party concerned have agreed to such merger".

The Breakaway

As reported earlier this month, both Chadha and Maliwal were already speaking against the AAP but the decision of the remaining MPs came as a surprise. Adding to his story that he is being silenced for speaking for the masses, Chadha on Friday said that he distanced himself from party activities as he “did not want to be a part of their crimes".

“I was not eligible for their friendship because I was not a part of their crime. We had just two options – either quit politics and give up our public work in the last 15-16 years or we do positive politics with our energy and experience. So, we have decided that we, the 2/3rd members belonging to the AAP in Rajya Sabha, exercise the provisions of the Constitution of India and merge ourselves with the BJP," he said.

In the case of Maliwal, while she had turned vocal against AAP and its chief Arvind Kejriwal for about a year, he did not join any other political party to date.

AAP’s Stand

AAP MP and party head in the Rajya Sabha, Sanjay Singh, called it a conspiracy by the BJP and a betrayal of the people of Punjab, terming it “Operation Lotus".

“The party gave everything to Chahda. But now he is in the lap of the BJP…Pathak also got big responsibilities from the party… even Maliwal…AAP and Punjab gave them everything… people of Punjab will never forgive them," Singh added.

“Whenever someone cheated AAP and the people of Punjab, they got the reply. The same will happen this time…" Singh said.

He also mentioned the connection between the separation and the Enforcement Directorate raid on Mittal. On April 15, ED conducted searches on Mittal’s premises and the educational institutions promoted by him and his family in Haryana and Punjab, under the Foreign Exchange Management Act.

The raid came days after AAP appointed him as party’s deputy leader in the Rajya Sabha, replacing Chadha that started his rift with the party.

Now, apart from Singh, the AAP is reduced to just two more MPs – Narain Dass Gupta from Delhi and Sant Balbir Singh from Punjab.

News politics How Raghav Chadha, Other AAP MPs Invoked Paragraph 4 of Tenth Schedule To Seek RS Membership Protection

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