The recent defection of Rajya Sabha MP Raghav Chadha from the Aam Aadmi Party (AAP) to the Bharatiya Janata Party (BJP) has drawn attention to a significant piece of legislation he himself introduced in Parliament in 2022. This Private Member's Bill sought to drastically reform India's anti-defection laws, making it considerably more difficult for lawmakers to switch parties.
Chadha's Proposed Reforms to Anti-Defection Law
Introduced in the Rajya Sabha on August 5, 2022, just months after Chadha became a member, the Constitution (Amendment) Bill aimed to strengthen democratic principles by curbing what he termed "political horse-trading."
- Increased Split Threshold: The bill proposed raising the minimum threshold for a legitimate party split or merger from the existing two-thirds of legislators to three-fourths. This change would have made it significantly harder for a group of lawmakers to break away without facing disqualification.
- Ban on Re-contesting Elections: A key provision in Chadha's bill was the proposal to bar MPs or MLAs who changed parties after winning elections from contesting any polls for a period of six years.
Rationale Behind the Bill
Chadha argued that the existing anti-defection law was failing to effectively prevent legislators from switching sides, often disregarding the mandate of the electorate. He criticized "nefarious floor crossing" and the "rampant misuse of the Tenth Schedule" of the Constitution, which he described as a "blot on our democracy." The bill aimed to ensure public representatives acted as informed lawmakers rather than mere party workers, and to counter "Resort Politics" by requiring lawmakers withdrawing support from a government to appear before the Chair within seven days or face disqualification.
Impact on Chadha's Own Defection
Last week, Chadha, along with six other AAP Rajya Sabha MPs, defected to the BJP. These seven defectors constitute seven out of AAP's ten Rajya Sabha MPs, which meets the current two-thirds threshold required for a recognized split under the Tenth Schedule. However, if Chadha's own proposed bill had been enacted into law, the threshold would have risen to three-fourths. This would have meant he would have needed eight MPs to avoid disqualification, one more than the number who defected with him.
Ultimately, Chadha's Private Member's Bill never progressed to become law and remains pending. Had it passed, it would have created a more stringent legal framework that would have directly complicated his own recent political move.