The Delhi High Court today dismissed a PIL against political parties issuing "whip" during passage of a Constitution amendment bill for SC-ST reservation in promotion in government jobs, saying there is no merit in the case.
A bench of Chief Justice D Murugesan and Justice V K Jain rejected the PIL filed by Samta Andolan Samiti, a registered society, saying, "We don't have any material before us to verify whether the proposed 117th constitutional amendment is a matter relating to a major policy and programme on which the respondents (Congress and BJP) went to polls.
"If proposed amendment is in consonance with such a policy and programme, disqualification on account of violation of a whip or direction issued by them requiring their respective members to vote in favour of the proposed amendment would not be in contravention of the law declared by the Supreme Court. We, therefore, cannot issue the writs sought by the petitioner," it said.
The PIL said that "the action of the political parties of issuing the party whip in the matters of constitutional amendment is against the provisions of the Constitution."
According to it, the provisions of Tenth Schedule of the Constitution can be exercised by the political parties for issuance of a whip/direction only for the purpose of vote on motion of confidence or no confidence.
"Any direction issued by the political party under para 2 (1)(b) of the X Schedule of the Constitution does not empower the political party to issue a 'party whip' involving constitutional amendment....," it had said.
