The merger provision in India's anti-defection law, originally intended to safeguard free speech and protect legislators from being penalized for intra-party dissent, is now being leveraged by former Aam Aadmi Party (AAP) MPs, including Raghav Chadha, as a defense for their shift to the Bharatiya Janata Party (BJP). According to Paragraph 2(1)(a) of the Tenth Schedule of the Constitution, legislators can face disqualification for defecting if they voluntarily resign from their party. However, the explanation to Paragraph 2 states that a legislator is considered to belong to the political party that nominated them for election. This situation raises critical questions about the effectiveness of the anti-defection law and its potential misuse, as it was designed to maintain party integrity while allowing for freedom of expression among lawmakers.