SC refuses to hear plea to examine how parties issue whips

Appearing for the NGO Samta Andolan Samiti,senior advocate Gopal Subramaniam however pointed out that Benchs intervention was imminent since an office memorandum issued by the Law Ministry in March this year was violative of the court orders. The new memorandum says political parties can issue whips to its members for any amendment whereas the Supreme Court has clarified that the whips could be issued only during no-confidence motion and when a party pursued a policy in sync with its election manifesto, he said. The Bench however retorted: Whether all elected members are unaware of this memorandum? Who are you to raise objections? Whether any member is before us and raise objections?

While dismissing the petition,the Bench however kept the question of law open,saying it may entertain a petition in future if it is moved by an affected member,citing his rights.

On the last date,the Bench had maintained that cases like this were the illustrations where the court clearly lacked a role and it would be criticised for encroaching on legislatures business if it chose to entertain such issues.

The Delhi High Court had in April dismissed the PIL against political parties issuing whip during passage of a Constitution amendment Bill for SC-ST reservation in promotion in government jobs. The HC had noted that the petitioner had failed to bring on record any material to show that whether the proposed 117th constitutional amendment was not in terms of the previous Supreme Court guidelines on issuing whips.