The Good, The Bad and The Whip

WHIP

A WHIP is the instruction issued by the political party in a legislature, violation of which triggers anti defection act . India as envisaged by the founding father and mothers of our constitution, is a DEMOCRATIC state and will smoothly become a DEMOCRATIC NATION. This is why Right to speech and Expression is one of the fundamental rights in our constitution. India being a large country with her illiterate population couldn't afford direct democracy so they(Founding fathers and mothers) choosed Indirect
Democracy. We elect our MPs, who further represent our views in the legislature on our behalf, at least till 35 years after India became REPUBLIC. Then anti defection Law was introduced which could be triggered if any MP is not following the party whip curtailing their Fundamental Right and the conceptof INDIRECT DEMOCRACY. WHIPs that was customary till now, suddenly became a powerful weapon to shape the custom of Indian Politics It's obvious that ANTIDEFECTION LAW is not violating India's holy book (wrote India's not Indian's reason for this is selfexplanetor) otherwise the Protector of our constitution ie. The judiciary would
have intervened during the introduction phase of this bill making it NULL and VOID
So why WHIP , a customary action was made a customary weapon for political parties. To understand this we will move in 3 steps:
1)understanding antidetection law
2)Situation under which this law was passed
3)Other potential Threat
1)Understanding Anti-Defection Law-10th Schedule of Indian Constitution
Any MPs under below condition will now have to face consequences:
a)she voluntarily leaves the party
b)She defies party whip
What are the consequences?
a)she will be expelled from the party .
b)She will loose her seat in parliament, if the speaker or the chairmen(depending upon the house)approves. This action of the speaker or chairmen can't be questioned by judiciary
NOTE: basically elected member has to contest election again to claim her seat in parliament and that also without party ticket as she is expelled. At this point you must notice, usually Indian politics is
played in the name of political party and not in the name of individual.
2)Situation under which this law was passed- Aaya Ram or Gaya Ram:
"Aaya Ram Gaya Ram" expression in politics of India means frequent floor-crossing by legislatures. The term was coined when Gaya Lal a Member of the Legislative Assembly from Haryana in 1967 changed party thrice in a fortnight first from the Indian National Congress to United Front, back to Congress and then within nine hours to United Front again
Basically MPs equated Loyalty to the party with Money. It's simple to understand if party is paying
money to keep MPs loyal, they are drawing money by shattering the vary ideals of founding fathers and mothers of our constitution. So Anti Defection Law was brought to save ideals of constitution. But the way it evolved in it's utilization is again posing threat to our holy book as discussed in introductory lines
What can we do?
When we use word like freedom of speech of a MP in parliament, we implicitly mean freedom of speech of particular subset of the citizens of India who elected that particular MP (remember Indirect democracy we talked about). So Any bills or discussion directly affecting that subset of citizen should never come under whip rest can come. Let's take an example, suppose there is a bill introduced in the house, and 2 out of 6 MP voted against the party even though whip was introduced. Now following
thing should be done:
»those 2 MPs should explain how this bill is against their source of power(Voters).
If they fails to do so, antidefection law would be applied-as discussed there is no violation of freedom of speech in this scenario.
If they succeed, comparison should be made by rest of the 4 supporting MPs constituencies, why they
are not having this problem. Then
clubbing those MPs together with similar geopolitical scenario and look for majority statement. If it's positive no whip if its negative whip should be applied.
NOTE: best solution would be making NOTA more powerfull. For example there should be a Percentage threshold drop in the election which will ensure that, this candidate can't contest for 1 term. If he again loses (that is, if he contest in 2nd term) then he will be barred for 2 terms.
These defection occurs because people don't have any option. They need to choose worst among bad.
so this provision I proposed here would ensure respect for India's Holy book and Indian's as well.
Remember, Monopoly occurs when supply is controlled by few people similarly if political party limits option available to us, it will lead to Monopoly which shatters the responsibility towards people.......... leading to situation of "Aya Ram Or Gaya Ram".
3)Other Potential Threat.
* If more then 2/3'* Mp defects,no antidetection would apply on it as per existing norms
Instead t will be seen as party split leading to formation of new party.So it will indirectly
lead to formation of many party, as could be seen right now
*Representation of people's Act ensures that political party contesting election should abide the principal of socialism. Thus all other ideas.