The Vice President Jagdeep Dhankhar’s recent statement that party whips curtail an MP’s freedom of expression by enforcing a party line has sparked a debate.

About Whip

• It is a written order directing party members in the House to follow a certain direction.It refers to the official authorized to issue such directions.
• Purpose of a Whip: It ensures party members’ presence in the House for important votes. It mandates voting in a specific manner as instructed.
• Action for Violation: If a party member votes against the issued whip, the party has the authority to take disciplinary action against the member for violating it.
• Origins: The term “whip” originally referred to a role within hunting parties in England. A “whipper-in” was a person responsible for managing hounds during a hunt. 
  • If any hounds strayed from the pack, the whipper-in would use a whip to bring them back into the fold. 
  • The whipper-in’s primary task was to ensure the pack stayed together and the hunt could continue effectively.
• Whip in Political Context: The term “whip” in politics is often attributed to the Anglo-Irish politician and philosopher Edmund Burke. 
  • In his speeches in the House of Commons, Burke referred to the efforts made by the King’s ministers to gather their supporters. 
  • He noted that they had sent for their allies from various locations, including the north of England and Paris, and had made great efforts to “whip them in”—a metaphor for rallying their support.

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History of the Whip System in India

• Origins in India: The whip system in India is as old as its parliamentary history, according to former Lok Sabha secretary-general P. D. T. Achary.
• Importance in Parliamentary Functioning: Ensures MPs’ presence and compliance during critical votes. Voting on significant matters is crucial to how a party’s politics is perceived. 
  • Absence or voting against the party line can lead to significant embarrassment for the party.
• Significance for Political Parties: It demonstrates real strength and majority during a division (when each MP’s vote is counted). 
  • Full attendance and compliance in crucial votes signal whether the ruling party or coalition has a clear majority. 
  • Failure to show majority can result in a no-confidence motion.
• Role of the Chief Whip: Informs MPs about the party leadership’s stance on important matters. 
  • Ensures MPs’ attendance during critical votes and acts as a bridge between party leadership and MPs. 
  • Coordinates and identifies which members should speak on various issues in Parliament.

Types of Whips in India

• One-Line Whip: It informs members about a vote but allows them to abstain.
• Two-Line Whip: Asks members to be present for the vote but does not dictate how they should vote.It is moderately strict.
• Three-Line Whip: It directs members to be present and vote strictly as per the party line. It is the strictest of them all. It is issued under the heading “Three-Line Whip.” 
  • Each sentence is underscored by three thick horizontal lines.
• Consequences of Violation: The party leader can recommend the member’s disqualification to the Presiding Officer of the House. 
  • Violation  of three line whip  can lead to disqualification under the Anti-Defection Law, which came into force in 1985.

Background of Anti Defection Law

• Origin: The history of “Aya Ram Gaya Ram” politics in India, which led to the introduction of the Anti-Defection Law, is rooted in the instability and opportunistic shifts in political allegiance that plagued Indian politics, especially at the state level, in the years following independence.
• Aya Ram phase: The phrase “Aya Ram Gaya Ram” became a popular catchphrase in India in the 1960s, symbolizing the phenomenon of legislators switching parties in an opportunistic manner for personal or political gain.
  • This type of political maneuvering was a significant issue in India’s parliamentary system and contributed to political instability, particularly in the 1960s and 1970s.

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Enforceability of Whip System in India

• Chief Whip of a Political Party: He/She Plays the most important role in enforcing the whip system. They are responsible for ensuring party members comply with directives during critical votes. 
  • Issues different types of whips (one-line, two-line, three-line) as needed.
• Additional Whips: They support the chief whip in implementing the whip system and coordinating with party members.
• Government’s Chief Whip in Lok Sabha: The Minister of Parliamentary Affairs serves as the chief whip for the government.
  • They can request leaders of ruling alliance parties to issue a three-line whip to ensure members’ presence and compliance during crucial votes.
• Government’s Chief Whip in Rajya Sabha: The Minister of State for Parliamentary Affairs acts as the chief whip for the government in the Upper House.
• Consequences: If a member of the ruling alliance violates a whip issued by the chief whip, the party leader can recommend the member’s disqualification. 
  • Members are expected to follow the directions issued by their respective party whips, regardless of the government whip’s position.

Importance of Whip System

• Ensuring Smooth Functioning: The whip system is vital for the smooth functioning of parliamentary democracy. It maintains discipline among party members, ensuring that legislative decisions reflect the party’s collective stance.
• Preserving the Government’s Stability: According to M. N. Kaul and S. L. Shakdher in Practice and Procedure of Parliament: 
  • “In a legislative body, not only the fate of a particular measure under consideration but the very life of the Council of Ministers itself may depend upon the result of a single division.” 
  • The whip system ensures that crucial votes are not jeopardized, safeguarding the government’s majority.
• Maintaining Party Discipline: Former Lok Sabha Speaker Sumitra Mahajan emphasized that members elected on a party ticket represent the party’s ideology and policies.
  • Discipline ensures members vote in line with the party’s stance, maintaining ideological coherence.
  • Internal disagreements can be voiced within party forums, but once a decision is made, members are expected to comply or leave the party.
• Differentiation for Independent MPs Independent MPs, free from party affiliations, can vote as they choose. 
  • However, members elected on a party ticket are bound by the party’s decisions, reflecting the collective mandate of their electorate.

Criticism of Whip System

• Suppressing Individual Choice: Critics argue that  the whip system undermines the freedom of conscience of lawmakers, pressuring them to vote in a manner contrary to their personal or regional interests. 
• Increased Political Pressure: The fear of  disciplinary actions, including suspension or expulsion, may place undue pressure on MPs or MLAs, compelling them to comply with party instructions even when they disagree with the party stance.
• Undemocratic Elements: Some believe that the whip  system contributes to a culture of political conformity, rather than promoting healthy debate and decision-making based on individual views

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Conclusion

The whip system is a fundamental aspect of parliamentary discipline, ensuring party unity and efficient functioning. While it has faced criticism for limiting MPs’ freedom of expression, it remains essential for maintaining political stability.

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