Thread by @TheNavroopSingh

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…