AAP MPs’ merger with BJP ‘unconstitutional’: Kapil Sibal

Independent Rajya Sabha MP and former Union law minister Kapil Sibal on 25 April termed the merger of seven AAP (Aam Aadmi Party) MPs with the Bharatiya Janata Party (BJP) “unconstitutional”, arguing that it violates provisions of the anti-defection law.

Addressing a press conference in New Delhi, Sibal said the merger of MPs cannot take place without a prior decision by the political party itself.

“The Constitution says that first the political party must take a decision at the organisational level… and only then can it be done. The party merges first and then the MPs. The opposite cannot happen,” Sibal said.

He argued that the move is contrary to the Tenth Schedule of the Constitution, which governs disqualification on grounds of defection.

The remarks came a day after seven AAP Rajya Sabha MPs — including Raghav Chadha, Sandeep Pathak, Ashok Mittal, Harbhajan Singh, Rajinder Gupta, Swati Maliwal and Vikramjit Sahney — announced their merger with the BJP.

Sibal also raised questions over the role of the Rajya Sabha chairman in deciding on potential disqualification petitions against the MPs.

“What courage will the Rajya Sabha chairman have in deciding a disqualification petition if the prime minister does not have the courage to even respond to President Trump?” he said.

Criticism over PM’s response to Trump remarks

The senior advocate criticised Prime Minister Narendra Modi for not responding to remarks attributed to US President Donald Trump regarding India.

“If somebody outside can dare to say to this country that this is a hellhole and the prime minister of India doesn't respond… can you imagine?” he said.

Allegations on political practices

Sibal alleged that unconstitutional practices have increased in recent years, claiming that elected governments have been destabilised and institutions have failed to act promptly.

He referred to instances of delayed judicial decisions and alleged misuse of investigative agencies in political matters.

“When businessmen become Members of Parliament… the ED will reach, and when the ED reaches, then parties will be switched. This is called political conspiracy,” he said.

Under the Tenth Schedule of the Constitution, a merger is recognised if at least two-thirds of legislators of a party agree to it, and typically follows a formal decision by the political party.

The developments involving AAP MPs have triggered political debate over the interpretation of anti-defection provisions.

There was no immediate response from the BJP on Sibal’s allegations.