Merger Exception
Paragraph 4 of the Tenth Schedule
Paragraph 4 provides that a member shall not be disqualified if their original political party merges with another party, and at least two-thirds of the members of the legislature party have agreed to the merger. The Supreme Court has interpreted "merger" strictly: the merging entity must be the original political party, not just its legislature wing.
- Threshold: At least two-thirds of the legislature party's members must consent
- AAP's Rajya Sabha strength: 10 members; seven departing MPs = exactly two-thirds (70% — satisfies the threshold numerically)
- A mere declaration by the legislative wing without the original party agreeing to merge may not constitute a valid "merger" under the Tenth Schedule
- In the TDP Rajya Sabha merger case (2014), the Chairman accepted the merger claim when TDP members joined the NDA coalition — though the factual circumstances differed
- The Rajya Sabha Chairman (ex officio Vice President of India) is the competent authority to decide disqualification petitions in the Rajya Sabha
● Tracked since April 24, 2026 · last seen August 24, 2026 · updates as the daily brief publishes
18 Jul '26
Lok Sabha Speaker Approves a Legislative Party Merger Under the Tenth Schedule
Polity & Governance
05 Jul '26
Tenth Schedule and the Anti-Defection Law: Grey Areas That Need Reform
Polity & Governance
19 Jun '26
Tenth Schedule Under Strain: The TMC Defection Wave and the Merger Loophole
Polity & Governance
27 Apr '26
Anti-Defection Law: Tenth Schedule Merger Provision Invoked in Rajya Sabha
Polity & Governance
See it in today’s brief.
Daily current affairs with every static concept explained in place.
Read the daily brief