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The Supreme Court recently observed that the Members of a House are bound by the ‘whip’.
Key Takeaway
- In parliamentary language, a whip is a written order requiring party members to be present for a crucial vote or to vote in a specific manner.
- The members of a House are bound by the ‘whip,’ according to the Supreme Court.
- Furthermore, if any segment of MLAs from a political party that is part of a ruling coalition states it does not wish to support the alliance, the MLAs will be disqualified.
Whip
- About
- A whip can refer to a written command to members of a party in a House to follow a specific direction.
- As well as a designated party official can provide such a direction.
- Political parties issue whips to their members, instructing them to vote for or against the bill based on their party’s position.
- Once the whip is given, all parties’ MPs must obey it or risk losing their place in Parliament.
- In addition, the term comes from the historical British practice of “whipping in” legislators to follow party lines.
- Parties appoint a senior member of their House contingent to issue whips;
- Furthermore, this individual is known as the chief whip, and other whips assist him or her.
- Importance
- Firstly, the whip is a party official responsible for maintaining discipline, ensuring attendance, and providing important information to members of his party.
- In addition, they are intended to serve as a conduit of communication between the political party and its members in the legislature.
- They also serve the purpose of polling members’ opinions and communicating them to party officials.
Functions of Whip
- To maintain discipline among House party members.
- To ensure that all party members attend.
- To ensure that MPs vote under the party line.
- To ensure that Legislators are aware of the party’s position on the moods of its members.
- Identifying indicators of discontent among Parliamentarians and informing relevant leaders.
- To provide a list of speakers on Bills and other House matters.
- He or she is in charge of maintaining the internal party organisation in Parliament and serves as the party’s binding force.
- He or she also serves as a counsellor to House party members and an advisor to party leaders.
Types of Whips
- One-line whip
- It is issued to notify members of a vote.
- In addition, if a member decides not to follow the party line, he or she may withhold a one-line whip.
- Two-line whip
- It is issued to direct members to be present in the House when voting, but instructions on the voting pattern still need to be provided.
- Three-line whip
- It is issued to members directing them to vote as per the party line.
What if a whip is violated?
- If an MP violates his party’s whip, he or she is evicted from the House under the Anti-Defection Law.
- A three-line whip can be broken only if one-third of the House’s members vote against the party line.
Anti-Defection Law
- About
- Its goal was to keep governments stable by deterring MPs from switching parties.
- It establishes the procedures for disqualifying elected members for defecting to another political party.
- It enables a group of MPs/MLAs to join another political party without incurring the defection penalty.
- Furthermore, political parties are not penalised for soliciting or tolerating defecting legislators.
- In addition, the 91st Constitutional Amendment Act of 2003 modified this.
- At least two-thirds of a party’s members must consider a “merger” legal.
- Members disqualified under the law can run for a seat in the same House from any political party.
- The decision on disqualification on the premise of defection is referred to the Chairman or the Speaker of such House, which is subject to ‘Judicial review‘.
Pic Courtesy: Indian Express
Content Source: Indian Express