Court dismisses PIL challenging whip issued during constitution amendment
30 April 2013 7:51 AM IST
The Delhi high court on Monday dismissed a Public Interest Litigation (PIL) against political parties, including Congress and BJP, for issuing whip during passage of a Constitution amendment bill for SC-ST reservation in promotion in government jobs. The high court said there was no merit in the case.
The PIL stated 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 and the provisions of 10th 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.
A bench of Chief Justice D Murugesan and justice V K Jain rejected the PIL filed by Samta Andolan Samiti, saying, ‘We don’t have any material before us to verify whether the proposed 117th constitutional wamendment is a matter relating to a major policy and programme on which the respondents 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 stated 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 and the provisions of 10th 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.
A bench of Chief Justice D Murugesan and justice V K Jain rejected the PIL filed by Samta Andolan Samiti, saying, ‘We don’t have any material before us to verify whether the proposed 117th constitutional wamendment is a matter relating to a major policy and programme on which the respondents 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.
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