New Delhi: Senior Supreme Court lawyer and Independent Rajya Sabha MP Kapil Sibal on Saturday termed the reported merger of Aam Aadmi Party MPs with the Bharatiya Janata Party as “unconstitutional”.
Sibal said the move violates provisions of the Tenth Schedule of the Constitution, which deals with the anti-defection law.
‘Merger not legally valid’
He clarified that a legislative party’s merger is valid only after the parent political party formally decides to merge with another party.
“Legally, such a merger is not possible. The Constitution clearly states that the decision must first be taken at the organisational level of the political party,” Sibal said.
He added that only after a formal party-level merger, and with the support of at least two-thirds of its MPs, can a legislative wing’s merger be recognised.
Questions over MPs’ move
Sibal argued that without any official resolution by AAP to merge with BJP, the decision of MPs alone cannot be considered valid under law.
He also described the development involving leaders such as Raghav Chadha, Sandeep Pathak and Swati Maliwal as a politically driven move.
Legal battle may take years
On possible next steps, Sibal said AAP can file disqualification petitions against the defecting MPs. However, he cautioned that due to legal complexities, the matter could take several years to reach a conclusion.
He warned that prolonged uncertainty might even lead to similar political developments in Punjab in the future.
