Navroop Singh Profile picture
May 11 12 tweets 5 min read Twitter logo Read on Twitter
Legislature Party, Political Party & Whip: #TenthSchedule

Para 1(b) “legislature party”, in relation to a member of a House belonging to any political party in accordance with the provisions of paragraph 2 or 2*** paragraph 4, means the group consisting of all the members of… twitter.com/i/web/status/1…
Para 2(b) if he votes or abstains from voting in such House contrary to any direction issued by the political party to which he belongs or by any person or authority authorised by it in this behalf, without obtaining, in either case, the prior permission of such political party,… twitter.com/i/web/status/1…
The petitioners contend that the Whip and the Leader must be appointed by the political party because Paragraph 2(1)(b) requires that the direction to vote in a
particular manner in the House must be from the political party or a person authorised by it, meaning the political… twitter.com/i/web/status/1…
The Tenth Schedule recognizes the independent existence of the legislature party to the limited extent of presenting a defence to the actions of the legislators which would otherwise have amounted to defection; and

Section 29A of the Representation of the People Act 1951… twitter.com/i/web/status/1…
#WHIP

The term ‘Whip’ is defined in the Act of 1956. Section 2 of the Act of 1956 provides that an MLA shall not be disqualified for holding the offices stipulated in Schedule I. Clause 23 of Schedule I mentions the offices of Chief Whip or Whip in the Maharashtra State… twitter.com/i/web/status/1…
Paragraph 2(1)(b) of the Tenth Schedule provides that the direction to vote or abstain from voting must be issued by the political party or by “any person or authority authorised by it,” with the word ‘it’ referring to the political party. The provision states that prior… twitter.com/i/web/status/1…
The explanation to Clause 23 of Schedule I in the Act of 1956 states that the Chief Whip is declared by the party forming the Government. The reference to ‘party’ in the explanation clause means political party and not legislature party because the term ‘party’ is used to depict… twitter.com/i/web/status/1…
Hence, the plain meaning of the provisions of the Tenth Schedule, 1986 Rules, and Act of 1956 indicate that the Whip and the Leader must be appointed by the political party.

Thus

📍Tenth Schedule Para 2 says it is the Political Party of the authorised person who directs the… twitter.com/i/web/status/1…
📍 That a Whip be appointed by the political party is crucial for the sustenance of the Tenth Schedule. The entire structure of the Tenth Schedule which is built on political parties would crumble if this requirement is not complied with. It would render the provisions of the… twitter.com/i/web/status/1…
Now the next question is how would speaker determine which faction is real Shiv Sena & what should take in consideration for this for purposes of WHIP:

📍The SC has held that The Speaker must recognize the Whip and the Leader who are duly authorised by the political party with… twitter.com/i/web/status/1…
📍 In arriving at their decision, the Speaker must consider the constitution of the party as well as any other rules and regulations which specify the structure of the leadership of the party. If the rival groups submit two or more versions of the party constitution, the Speaker… twitter.com/i/web/status/1…
📍In effect SC has rightly held Political Party has power to appoint a WHIP using principle of harmonious construction of law qua Tenth Schedule of the Constitution. And who would be real political group and its WHIP for that purposes the speaker would decide.

Now who is the… twitter.com/i/web/status/1…

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More from @TheNavroopSingh

May 11
#PaxAmericana #TheGreatReset (2022)

📍The big three i.e., Ford, Carnegie and Rockefeller foundations have constantly backed the major aims of the American foreign policy and side by side cultivating an intellectual elite which is trained further to propagate these ideas in the… twitter.com/i/web/status/1…
📍These foundations considered it was more effective way to persuade the population with a world view propagated by their leaders in majority interest than using coercive means. It was called manufacturing consent to extend the world view of rulers to the ruled and secure free… twitter.com/i/web/status/1…
Political scientists Philip Green had remarked that “To understand foreign policy decisions we need to understand the attitudes of those who make them, and those who set the context within which they are made. By & large we must understand Elites who hold post, position of… twitter.com/i/web/status/1…
Read 4 tweets
May 10
While 64,270 cases of the finance ministry are pending in different high courts, district and session courts as on 31 December, 2022, the labour and employment ministry has 38,757 cases pending while the railways are a close third with 38,110.

The other ministries with a high… twitter.com/i/web/status/1… Image
Of the total 2.85 lakh cases that are pending, 2,27,444 are with the high courts and 58,109 in the district and session courts. The maximum cases are pending in high courts/district and session courts in Maharashtra (29,870) followed by Delhi (27,124), Uttar Pradesh (26,233),… twitter.com/i/web/status/1… Image
Non-performance of various wings of the executive and legislature has been cited as the reason for the government being the biggest litigants, accounting for nearly 50 per cent of the over 4 crore cases pending in various courts.
Read 12 tweets
May 9
Recently, the All-Tribal Students’ Union of Manipur (ATSUM) has carried out a solidarity march in order to oppose the demand of Meitei Community be included in the List of State’s Scheduled Tribes (ST).

The march broke into violent clashes after an order from the Manipur High… twitter.com/i/web/status/1…
The Meitei community, led by the Scheduled Tribes Demand Committee of Manipur (STDCM), has been demanding ST status since 2012, asking to provide them with constitutional safeguards to preserve their culture, language, and identity.

The Meiteis argue that they were recognised as… twitter.com/i/web/status/1…
In a civil writ petition, filed by several members of Meitei Tribe Union (‘petitioners’), seeking writ of mandamus, to direct the
Government of Manipur (respondent) to submit recommendations to the Government of India to include Meitei community in the Schedule Tribe list. The… twitter.com/i/web/status/1…
Read 12 tweets
Apr 24
#BasicStructureDoctrine

During the Nehru Government in 1951, the first Amendment was passed by the Parliament. This Amendment transformed Article 31(A) - the Right to Property, from a fundamental right to a legal provision. In addition, Article 15(4) was introduced to provide… twitter.com/i/web/status/1…
These amendments were challenged of abolition of Rt to Property as Fundamental Rights was challenged in SC.

In the early years of Independence, the Supreme Court conceded absolute power to Parliament in amending the Constitution, as was seen in the verdicts in Shankari Prasad… twitter.com/i/web/status/1…
However, in the Golaknath case (1967), the Supreme Court held that Parliament could not amend Fundamental Rights, and this power would be only with a Constituent Assembly.

•In this case, the court reversed its earlier stance that the Fundamental Rights can be amended. 

•It… twitter.com/i/web/status/1…
Read 26 tweets
Apr 23
The will of the majority is not the right test coz it would antithesis to the part III of Constitution i.e. Fundamental Rights of a minuscule minority. Fundamental Rights are not dependent on majoritarian principle or social morality value test as held in Navtej Johar Vs UOI (Sec… twitter.com/i/web/status/1…
The majority would India to be declared Hindu Rashtra, would Muslims accept it, will Tamils accept it, will Punjabis, will Christians in the NE accept it a homogeneous strand of majority. The majoritarianism concept the representing the will of the people is most illogical thing.… twitter.com/i/web/status/1…
And now u would understand why there is so much of heartache against Basic Structure doctrine in some quarters. That is the only impediment in overturning the constitution on its head. The power of Judicial Review combined with basic structure prevents a radical change in the… twitter.com/i/web/status/1…
Read 4 tweets
Apr 22
8 ex-India navy officers accused of spying on Qatar for Israel middleeastmonitor.com/20230420-8-ex-…
Eight former Indian naval personnel are currently facing trial in Qatar on charges of espionage. They are accused of gathering intelligence on Qatar's secret project to acquire high-tech submarines manufactured in Italy, which are designed to be difficult to detect by… twitter.com/i/web/status/1…
An intelligence source was quoted by the Print as saying: "We've tried hard to convince our counterparts in Doha that India and its nationals were not involved in hostile intelligence operations against the emirate."

"But the Qataris are insisting that intelligence on their… twitter.com/i/web/status/1…
Read 4 tweets

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