The Delhi High Court today reserved its verdict on a PIL against parties issuing "whip" during passage of a constitutional amendment bill for reservation for SC and ST in promotion in government jobs.
A division bench of Chief Justice D Murugesan and Justice V K Jain reserved the verdict after hearing parties on a PIL filed by Samta Andolan Samiti, a registered society, which said "the action of the political parties of issuing the party whip in the matters of Constitutional Amendment, is against the provisions of the Constitution."
The PIL said 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 of 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....," the plea said.
Filing through Advocate M L Lahoty, the society said, "The Apex Court had said in matters relating to affirmative action by the State, the rights under Articles 14 (right to equality) and 16 (equal opportunity for public employment) are required to be protected, which can only be done after compulsory adherence to the constitutional principles-a. inadequate representation, b. Continuing backwardness c. over-all efficiency without which the structure of equality in Article 16 would collapse."
"But the proposed 117th amendment in the Constitution of India, is against these principles. The Government, under the shelter of the Party Whip, is trying to amend the basic structure of the Constitution of India, which is not permissible. The MPs should be given freehand to legislate. Hence also the action of respondents is illegal.
