In recent developments, the Supreme Court has ruled that the dissident legislators from Karnataka cannot be forced to attend the present Assembly session. This ruling contrasts with the Supreme Court’s previous orders regarding the anti-defection law. According to this law, under the Tenth Schedule, a political party has a constitutional right to issue a whip to its legislators.
The Anti-Defection Law and SC Rulings
The Supreme Court in the 1992 case, Kihoto Holohan vs Zachillhu, stated that the application of the Tenth Schedule is strictly limited to votes on a “motion of confidence” or “no-confidence” in the government. Furthermore, it is only applicable when the motion being considered involves a matter that is integral to the policies and programs of the political party involved.
Paragraph 2(1)(b) of the Tenth Schedule provides for the disqualification of a lawmaker if he/she votes or abstains from voting contrary to any directive issued by their affiliated political party.
Whip: The Parliamentary Directive
A concept inherited from British colonial rule, a whip is a written directive that a political party issues to its members. This notice mandates that the members be present for significant votes or vote in a particular manner as directed by the party. The terminology was derived from an old British practice of “whipping in” lawmakers to align with the party line.
The Role of Whips in Indian Politics
In India, all political parties can issue whips to their members. These parties assign a senior member from their House contingents to issue whips; this individual is known as the Chief Whip and is supported by additional Whips in his/her duties.
Although the term ‘whip’ isn’t mentioned in the Constitution of India, the Rules of the House, or any Parliamentary Statute, it holds great significance based on parliamentary government conventions. Notably, there are certain instances, like during Presidential elections, where whips cannot direct a Member of Parliament (MP) or Member of Legislative Assembly (MLA) on how to vote.
Types of Whips and Their Functions
| Types of Whips | Functions |
|---|---|
| One-line whip | Informs the members about a vote and allows a member to abstain if they decide not to follow the party line. |
| Two-line whip | Directs members to be present in the House at the time of voting. No specific instructions are given on the voting pattern. |
| Three-line whip | Directs members to vote as per the party line. This is considered the strictest whip. |
Violation of Whip and Consequences
The whip plays a crucial role in ensuring adherence to party lines during voting. Moreover, the whip identifies signs of discontent among MPs and keeps respective leaders informed. As a binding force in the party, the whip is also responsible for maintaining internal party organization in the Parliament.
Should an MP violate their party’s whip, they face expulsion from the House under the Anti-Defection Act. The only exception to this rule arises when more than a third of legislators vote against a directive, effectively causing a split in the party.
