EDITORIALS & ARTICLES
Whip
- Under the Tenth Schedule (anti-defection law) a political party has a constitutional right to issue a whip to its legislators.
- SC in Kihoto Holohan vs Zachillhu case, 1992 held that the application of the Tenth Schedule is limited to a vote on “motion of confidence” or “no-confidence” in the government or where the motion under consideration relates to a matter which was an integral policy and programme of the political party.
- Paragraph 2(1)(b) provides for a lawmaker’s disqualification “if he votes or abstains from voting in such House contrary to any direction issued by the political party to which he belongs”.
Whip
- The concept of the whip was inherited from colonial British rule. It is used in parliamentary parlance often for floor management by political parties in the legislature.
- A whip is a written order that political party issue to its members for being present for an important vote, or that they vote only in a particular way. The term is derived from the old British practice of “whipping in” lawmakers to follow the party line.
- They are vital in maintaining the links between the internal organisation of the party inside the Parliament. A whip is also an important office-bearer of the party in the Parliament.
- In India, all parties can issue a whip to their members. Parties appoint a senior member from among their House contingents to issue whips. This member is called a Chief Whip, and he/she is assisted by additional Whips.
- Constitutional status: The office of ‘whip’, is mentioned neither in the Constitution of India nor in the Rules of the House nor in a Parliamentary Statute. It is based on the conventions of the parliamentary government.
- Non-applicability of Whip: There are some cases such as Presidential elections where whips cannot direct a Member of Parliament (MP) or Member of Legislative Assembly (MLA) on whom to vote.
Types of Whips
- The One-line whip to inform the members about a vote. It allows a member to abstain in case they decide not to follow the party line.
- The Two-line whip is issued to direct the members to be present in the House at the time of voting. No special instructions are given on the pattern of voting.
- The Three-line whip is issued to members directing them to vote as per the party line. It is the strictest of all the whip.
Functions of Whip
- The whip plays a crucial role in ensuring the smooth and efficient conduct of business on the floor of the House.
- He is charged with the responsibility of ensuring the attendance of his party members in large numbers and securing their support in favour of or against a particular issue.
- He ensures discipline among party members in the House.
- He identifies the signs of discontent among MPs and informs the respective leaders of their party.
- He or she acts as a binding force in the party and responsible for maintaining the internal party organisation in the Parliament and.
- Violation of whip: If an MP violates his party’s whip, he faces expulsion from the House under the Anti Defection Act.
- The only exception is when more than a third of legislators vote against a directive, effectively splitting the party.
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