<p>The Supreme Court on Thursday ruled that it is the political party, not the legislature party which is entitled to appoint the whip of the party.</p>.<p>Dealing with legal issues arising out of Maharashtra political imbroglio following Sena Vs Sena fight, a five-judge bench presided over by Chief Justice of India D Y Chandrachud said 'political party’ and ‘legislature party’ cannot be conflated.</p>.<p>The role of whip is very significant in the Parliamentary system as he or she issues directions for legislators to vote on an issue in a particular manner and the violation of the direction may incur disqualification proceedings.</p>.<p><strong>Also Read | <a href="https://www.deccanherald.com/national/governor-not-empowered-to-enter-into-party-disputes-sc-1217861.html" target="_blank">Governor not empowered to enter into party disputes: SC</a></strong></p>.<p>Holding that the legislature party is entitled to appoint the whip would amount to severing the umbilical cord of the system envisaged by the Constitution and would render the Tenth Schedule, which deals with disqualification of members on the ground of defection, redundant, it said.</p>.<p>"The political party and not the legislature party appoints the whip and the leader of the party in the House. Further, the direction to vote in a particular manner or to abstain from voting is issued by the political party and not the legislature party," the bench said.</p>.<p>The court declared Speaker's decision to appoint Bharatshet Gogawale as Shiv Sena's chief whip at the instance of Shinde group as illegal.</p>.<p>The court rejected Shiv Sena's Eknath Shinde group that political party and legislature party is inextricably intertwined as erroneous.</p>.<p><strong>Also Read |</strong><a href="https://www.deccanherald.com/national/national-politics/twin-sc-verdicts-on-delhi-and-maharashtra-booster-for-opposition-against-modi-govt-1217750.html" target="_blank"> <strong>Twin SC verdicts on Delhi and Maharashtra booster for Opposition against Modi govt</strong></a></p>.<p>"The Symbols Order does not refer to an association of legislators de hors the political party like the Tenth Schedule. It recognises a ‘legislator’ and a ‘political party.’ Thus, the reference to provisions of the Symbols Order to argue that the concepts of political party and legislature party are intertwined does not hold merit because the concept of legislature party is not recognised by the Symbols Order," the bench said.</p>.<p>The court also said the definition of legislature party given in the Tenth Schedule of the Constitution stated that it means the group consisting of all the members of that House for the time being belonging to that political party.</p>.<p>Thus, a legislature party in relation to a political party is the group of MLAs belonging to that particular political party, it added.</p>.<p>The court emphasised the appointment of whip in the house has to be done by the political party and not the legislature party.</p>
<p>The Supreme Court on Thursday ruled that it is the political party, not the legislature party which is entitled to appoint the whip of the party.</p>.<p>Dealing with legal issues arising out of Maharashtra political imbroglio following Sena Vs Sena fight, a five-judge bench presided over by Chief Justice of India D Y Chandrachud said 'political party’ and ‘legislature party’ cannot be conflated.</p>.<p>The role of whip is very significant in the Parliamentary system as he or she issues directions for legislators to vote on an issue in a particular manner and the violation of the direction may incur disqualification proceedings.</p>.<p><strong>Also Read | <a href="https://www.deccanherald.com/national/governor-not-empowered-to-enter-into-party-disputes-sc-1217861.html" target="_blank">Governor not empowered to enter into party disputes: SC</a></strong></p>.<p>Holding that the legislature party is entitled to appoint the whip would amount to severing the umbilical cord of the system envisaged by the Constitution and would render the Tenth Schedule, which deals with disqualification of members on the ground of defection, redundant, it said.</p>.<p>"The political party and not the legislature party appoints the whip and the leader of the party in the House. Further, the direction to vote in a particular manner or to abstain from voting is issued by the political party and not the legislature party," the bench said.</p>.<p>The court declared Speaker's decision to appoint Bharatshet Gogawale as Shiv Sena's chief whip at the instance of Shinde group as illegal.</p>.<p>The court rejected Shiv Sena's Eknath Shinde group that political party and legislature party is inextricably intertwined as erroneous.</p>.<p><strong>Also Read |</strong><a href="https://www.deccanherald.com/national/national-politics/twin-sc-verdicts-on-delhi-and-maharashtra-booster-for-opposition-against-modi-govt-1217750.html" target="_blank"> <strong>Twin SC verdicts on Delhi and Maharashtra booster for Opposition against Modi govt</strong></a></p>.<p>"The Symbols Order does not refer to an association of legislators de hors the political party like the Tenth Schedule. It recognises a ‘legislator’ and a ‘political party.’ Thus, the reference to provisions of the Symbols Order to argue that the concepts of political party and legislature party are intertwined does not hold merit because the concept of legislature party is not recognised by the Symbols Order," the bench said.</p>.<p>The court also said the definition of legislature party given in the Tenth Schedule of the Constitution stated that it means the group consisting of all the members of that House for the time being belonging to that political party.</p>.<p>Thus, a legislature party in relation to a political party is the group of MLAs belonging to that particular political party, it added.</p>.<p>The court emphasised the appointment of whip in the house has to be done by the political party and not the legislature party.</p>
