Simone Lawson
The term whip refers to a written order issued by a political party to its members, requiring their presence for an important vote or instructing them to vote in a particular way. In India, all parties can issue a whip to their members, and while the concept has no official sanction and is not mentioned in the Constitution, it is a convention followed in the Indian Parliament. The whip system is crucial for maintaining party discipline and ensuring the smooth conduct of business in the House.
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What You'll Learn
The role of the Chief Whip
The Chief Whip acts as the liaison between the party leadership and MPs, communicating the party's stance on critical matters. They are responsible for ensuring that MPs are present in the House during important votes and that they vote according to the party line. This is achieved through the issuance of one-line, two-line, and three-line whips. A one-line whip informs members about an upcoming vote and allows members to abstain if they choose not to follow the party line. A two-line whip directs members to be present in the House during voting, but does not specify how they should vote. A three-line whip, on the other hand, is the strongest form of whip and mandates that members vote according to the party's directive.
The Chief Whip plays a crucial role in preserving the integrity of the political party by ensuring discipline and voting alignment among members. They are responsible for identifying signs of discontent among MPs and informing the party leaders accordingly. The Chief Whip acts as a binding force, ensuring the smooth and efficient functioning of the business of the House.
In the event that an MP violates the party's whip, the Chief Whip can recommend the member's disqualification to the Presiding Officer of the House. This is in accordance with the Anti-Defection Law, which was enacted in 1985 to enforce compliance with the whip system. However, it is important to note that the Anti-Defection Law also specifies that a legislator may only be disqualified if the number of lawmakers defying the whip is less than two-thirds of the party's strength in the House.
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One-line, two-line, and three-line whips
The concept of the whip was inherited from British rule, where the term "whip" originated from the practice of "whipping in" lawmakers to follow the party line. The term is also attributed to the historical role of a
One-line whip
A one-line whip is issued to inform members about an upcoming vote. It is usually underlined once and allows members to abstain from voting if they decide not to follow the party line.
Two-line whip
A two-line whip is issued to direct members to be present in the House during voting. However, it does not dictate how members should vote, giving them the flexibility to make their own choice.
Three-line whip
A three-line whip is the strongest form of whip, mandating strict adherence to the party line. It is issued on important occasions and directs members to be present and vote according to the party's instructions. Violating a three-line whip can result in disqualification under the Anti-Defection Law and the withdrawal of the whip, effectively expelling the member from their party within Parliament.
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The Anti-Defection Law
The law also outlines the role of the Chief Whip, who is responsible for issuing whips to their party members. A whip is a written order instructing members to be present for an important vote or to vote in a particular way. The Chief Whip is assisted by additional Whips, and their role is crucial in maintaining the discipline and unity of the party in the House.
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The Kihoto Holohan vs Zachillhu case, 1992
Background on the Anti-Defection Law and the Tenth Schedule
The anti-defection law, enshrined in the Tenth Schedule of the Constitution, was enacted to address the growing problem of political defections in India. Defection refers to the act of a politician leaving their current party and joining another, often for personal gain or out of dissent. The Tenth Schedule outlines the provisions for disqualifying members of state and union legislatures who are accused of defection.
Details of the Case
The Kihoto Holohan vs Zachillhu case specifically addressed the scope and limitations of the anti-defection law. The Supreme Court of India held that the Tenth Schedule's application is limited to votes of "no-confidence" or "motion of confidence" in the government. Additionally, it applies when the motion under consideration is integral to the policy or programme of the political party.
The case established that a political party has a constitutional right to issue a whip to its legislators, directing them on how to vote. A whip is a written order instructing party members to be present for an important vote or to vote in a specific way. If a lawmaker violates the whip, they may face disqualification and expulsion from the House under the anti-defection law.
Impact and Analysis
This case had a significant impact on Indian politics by strengthening the anti-defection law and the power of political parties to enforce party discipline. It provided clarity on the applicability of the Tenth Schedule, ensuring that it was limited to crucial votes of confidence and matters of integral policy. This ruling helped maintain stability within political parties and discouraged defections that could disrupt the government's functioning.
The Kihoto Holohan vs Zachillhu case also highlighted the importance of the whip in Indian parliamentary proceedings. The whip plays a crucial role in ensuring the smooth and efficient conduct of business in the House. They are responsible for maintaining discipline among party members, identifying discontent, and ensuring their members' attendance and support during votes.
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The origin of the term whip
The term "whip" in the context of parliamentary procedure is derived from the older British practice of "whipping in" or "whipper-in", which refers to the act of ensuring that lawmakers follow the party line. The term itself comes from hunting terminology, where a "whipper-in" is a huntsman's assistant who uses a whip to drive straying hounds back into the main pack. This analogy between hunting and politics was popularised by Henry Fielding in his 1742 novel "Joseph Andrews", although the phrase "whipper-in" first appeared in print in Thomas Frantz's "A Tour through France, Flanders, and Germany" in 1735. The first recorded use of the term "whipper-in" in a parliamentary context occurred in 1772, according to the Oxford English Dictionary, although there are earlier examples cited in P.D.G. Thomas' "House of Commons in the Eighteenth Century".
The role of the whip in parliamentary procedure is to ensure that party members are present for important votes and that they vote according to the party line. This is achieved through the issuance of written orders known as "whips", which can be one-line, two-line, or three-line whips. A one-line whip informs members about a vote and allows them to abstain if they choose not to follow the party line. A two-line whip directs members to be present in the House at the time of voting but does not specify how they should vote. A three-line whip, the strongest form, instructs members to vote according to the party line and is used on important occasions.
In India, the concept of the whip was inherited from colonial British rule but is not officially mentioned in the Constitution, the Rules of the House, or a Parliamentary Statute. All parties can appoint a Chief Whip, who is a senior member responsible for ensuring the attendance and support of their party members in the House. The Chief Whip is assisted by additional Whips, and their role is crucial in maintaining discipline and ensuring the smooth functioning of the business of the House. However, there are cases where the whip does not apply, such as during presidential elections when an MP or MLA cannot be directed on whom to vote.
The anti-defection law, added to the Indian Constitution through the 52nd Amendment in 1985, allows for the disqualification of lawmakers who violate their party's whip. This law is outlined in the Tenth Schedule of the Constitution and was upheld by the Supreme Court in the Kihoto Holohan vs Zachillhu case in 1992, which limited its application to votes of "no-confidence" or "motion of confidence" in the government or matters integral to the party's programme or policy.
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Frequently asked questions
A whip is a written order that party members be present for an important vote, or that they vote in a particular way. The term is derived from the old British practice of "whipping in" lawmakers to follow the party line.
One-line whip: Issued to inform members about a vote. Members can abstain if they decide not to follow the party line.
Two-line whip: Issued to direct members to be present in the House at the time of voting but without instructing them on how to vote.
Three-line whip: The strictest directive, instructing members to be present and vote as per the party line.
If an MP violates the whip, they can face expulsion from the House under the Anti-Defection Law. However, a three-line whip can be violated if one-third of the party members decide to vote against the party line.
