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Journalism of Courage
The Supreme Court Monday refused to define the terms and conditions for parties to issue whips to their MPs and MLAs. These are internal matters of political parties. What can be the role of the court in going into the issues of how and when parties can issue whips to their members. We cannot have a role in this, a Bench of Chief Justice P Sathasivam and Justice Ranjana P Desai said.
The Bench observed these are the sort of cases where the court has no role and if it entertains the issue,it would be criticised for encroaching on legislatures business. This is not the role of the court and how can you,as an NGO,have a role? What can be your locus? Should the political parties ask you and other NGOs before they issue whips?, the Bench asked Gopal Sankaranarayanan,counsel for the petitioner NGO Samta Andolan Samiti.
Sensing the Bench was inclined to dismiss his plea,Sankaranarayanan sought a last opportunity to place on record certain material,which he hadnt so far for paucity of time and inadequate instructions. The court acceded to his request and told him to put on record all such material by September 16,when the case will be heard again.
In April,the Delhi High Court dismissed a PIL against parties issuing whips during the passage of a constitution amendment Bill for SC and ST reservation in promotion in government jobs. The SC,in a previous verdict,had said whips can be issued not only for no-confidence motions but also where a policy or programme,which is part of a partys poll manifesto ,is at stake in Parliament.
