On August 5, 2022, Chadha sought to amend the Tenth Schedule of the Indian Constitution by introducing a more stringent anti-defection law, presenting it as a Private Member’s Bill, according to a report by The Indian Express (IE).
The proposal aimed to increase the threshold required for a valid party merger from the current two-thirds to three-fourths of the party’s legislative strength.
Such a modification would have fundamentally changed the prevailing circumstances.
On Friday, April 24, Chadha, alongside six other AAP Rajya Sabha MPs, aligned with the BJP, claiming support from two-thirds of AAP’s Rajya Sabha members.
However, according to his proposed legislation, at least seven members—rather than six—would have been necessary to validate such an action.
The Bill also called for a six-year ban on contesting elections for legislators who defect after winning on a party ticket, and required them to appear before the presiding officer within seven days of withdrawing support from a government.
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Chadha had asserted that “nefarious floor crossing by legislators in total disregard of the democratic wishes of the electorate who returned them” was undermining democratic values, as noted by IE.
Nonetheless, the legislation remains pending.
This situation highlights a notable irony: a legislative change intended to prevent defections, introduced by Chadha himself, could have averted one of the most prominent political exits, involving him and his colleagues.
Chadha’s move a major setback for AAP
Chadha’s decision has resulted in a significant setback for AAP, sharply decreasing its Rajya Sabha strength and potentially igniting a legal battle over anti-defection regulations.
The existing law allows such shifts if backed by two-thirds of the legislators, a threshold that Chadha and his colleagues satisfied.
Following the merger, the BJP may consider appointing Chadha to a ministerial position, as reported by NDTV citing sources.
The AAP may face limited options since the Rajya Sabha Chairman accepted the merger of the seven MPs into the BJP on Monday, April 27.
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The broader political crisis triggered by these defections has diminished AAP’s presence in the Upper House to just three MPs.
The party has accused Chadha of betrayal and intends to pursue disqualification of the defecting members.
In response to the criticism, Chadha defended his choice, stating, “You are stopped from speaking in Parliament” and alleging a “toxic work environment” within the AAP.
“One person can be wrong. Two people can be wrong. But not all seven people can be wrong,” Chadha argued in a video message.
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