Parliament designed ‘merger’ as a defence against the misuse of anti-defection law to stifle intra-party dissent and freedom of expression of legislators. Rajya Sabha Member Raghav Chadha and six other former Aam Aadmi Party (AAP) MPs have claimed it as a cover to join the BJP.

Paragraph 2(1)(a) of the Tenth Schedule of the Constitution stipulates that members belonging to ‘any political party’ will be disqualified from the House for defection if they voluntarily give up membership of the party. The explanation to Paragraph 2 provides that a legislator is deemed to belong to the political party that set him up as a candidate for election.