Does Raghav Chadda’s move meet the legal requirements of  a merger?

New Delhi: The political corridors are buzzing following reports of Raghav Chadda and seven of his colleagues allegedly joining the BJP. However, this move has triggered a major legal debate regarding the 'Anti-Defection Law.' The big question remains: Will their parliamentary membership survive or be revoked?
The Legal Perspective: PDT Achary Explains
Former Lok Sabha Secretary-General PDT Achary has shed light on the strict provisions of the Constitution. According to Achary, under Paragraph 4 of the 10th Schedule, an MP cannot simply switch sides without facing disqualification unless specific conditions are met:
• The "Merger" Rule: It is not enough for individual members to move. Their "Original Political Party" (in this case, AAP) must officially merge with the other party (BJP).
• The Two-Thirds (2/3) Requirement: For a merger to be legally valid in the eyes of the law, at least two-thirds of the party's elected members must agree to it.
Why Raghav Chadda Faces a Challenge
Achary emphasized that individual members do not have the authority to declare a merger. This decision rests with the leadership of the registered national party. Since the original party is led by Arvind Kejriwal, any move by a small group of members without an official party-wide merger would be classified as "defection."
The Verdict: Disqualification on the Horizon?
If these legal criteria—specifically the official merger of the parent party—are not met, Raghav Chadda and the seven members face the immediate threat of being disqualified. This would result in the loss of their seats in Parliament.