Paragraph 4
The Merger Exception (Detailed)
Paragraph 4 of the Tenth Schedule provides the principal exception to disqualification — the merger exception.
Text of Paragraph 4 (simplified): A member is not disqualified under Paragraph 2 where their original political party merges with another political party, if and only if: - (a) Not less than two-thirds of the members of the legislature party have agreed to such merger; AND - The merging members have become members of the other party (or a new party formed by the merger)
The protection extends to BOTH groups: - Those who agree to the merger: Protected (they have not defected — they have merged) - Those who do NOT agree to the merger and remain with the original party: Also protected (they have not voluntarily given up membership)
- Threshold: Two-thirds of the legislative party (not the national/organisational political party)
- The legislative party = all members of the House belonging to the original party at the time of the merger
- Before the 91st Amendment (2003): The exception covered "splits" — one-third of the legislature party was sufficient
- After 91st Amendment: The "split" exception (old Paragraph 3) was deleted; only the "merger" exception (Paragraph 4) remains
- The 91st Amendment also inserted Articles 75(1A) and 164(1A): Council of Ministers capped at 15% of the lower house strength
● Tracked since April 24, 2026 · last seen July 27, 2026 · updates as the daily brief publishes