WHIP

What is Whip?

• • In parliamentary technical terms, a whip is a written directive given to members of a party in the House to proceed in a particular way. The term originates from the former British practice of “whipping in” legislators to vote along party lines.
  • In India, whips mandate that party members vote a certain manner or attend crucial House sessions. The chief whip is chosen by the parties from among their House delegations, with the assistance of other whips.

Status under the Constitution:

• • The Indian Constitution, House Rules, and Parliamentary Statutes all make no reference of the position of “whip.” It is predicated on parliamentary government customs.

Functions of Whip:

• • To ensure that MPs cast their votes in accordance with party lines.
  • Must make certain that the MPs are aware of the party’s stance on the members’ emotional states.
  • To maintain decorum among House party members.
  • To guarantee the party guests’ presence.
  • Must recognize the telltale symptoms of dissatisfaction among MPs and report them to the appropriate leaders.
  • To provide the schedule of speakers for bills and other House activities.
  • He or she serves as a unifying factor inside the party and is in charge of upholding the internal party structure in the Parliament.

Party whips: how serious are they?

• • Whips come in different levels of severity. One can determine the significance of a whip by counting how many times an instruction is emphasized.
  • As mentioned according to above statement, Whips are classified into 3 types:
    • A one-line whip informs party members of a vote, allowing them to abstain if they don’t follow the party line.
    • The two-line whip directs their presence during the vote.
    • A three-line whip is the strongest whip, used on crucial occasions like Bill second reading or no-confidence motions, requiring members to align with the party line.

What happens if Whip is defied?

• • This condition is varies from country to country. For instance:-
    • If an MP in the UK disobeys the whip, they risk losing their party membership but keeping their Independent House seat.
    • The party whip’s job in the US is to determine how many lawmakers favor a bill and how many oppose it, and to the greatest extent feasible, to persuade them to vote along party lines on the matter, according to a note released by PRS Legislative Research.
    • In India, breaking a three-line whip might jeopardize a lawmaker’s standing in the House. The Speaker or Chairperson may remove such a member from office under the anti-defection law; the only exception is if more than one-third of lawmakers vote against a directive, therefore dividing the party.

SC rulings pertaining to Whip:

• • Zachillhu and Others v. Kihoto Hollohan (1992): The Tenth Schedule to the Indian Constitution, which addresses anti-defection measures, was maintained by the Supreme Court in this particular case. The court ruled that political parties have the authority to whip their members into casting certain votes, and that members are required to abide by these orders. The court did acknowledge, however, that the right to brandish a whip is not unqualified and must be used in conformity with the rules and ideals of the constitution.
  • Swami Prasad Maurya and Others v. Rajendra Singh Rana (2007): The Supreme Court ruled in this case that since private member’s bills are introduced by individual members rather than the party, a whip cannot be given on them.
  • The Supreme Court ruled in Jagjit Singh v. State of Haryana (2006) that judicial review is applicable to the authority to issue a whip. The court ruled that disciplinary action against a member who disobeys a whip can be taken by the party, but it must follow natural justice principles and cannot be capricious or biased.

Issues with whip:

• • A whip usually stifles a party member’s right to free will, prohibiting them from exercising judgement and voicing their own thoughts. Members of political parties in the UK are free to vote on any topic they choose using a system known as “Free Vote.”
  • MPs are reduced to a mere headcount on the House floor due to the whip system and the anti-defection provision, which in reality leads to a tendency to develop “forced consensus” on certain issues and legislation.
    It has been seen that party members would support or oppose legislation based only on party lines, regardless of how excellent or horrible it is. This is because they are afraid of losing their seats, which inhibits them from voicing alternative viewpoints during debates.