A legislator has to obey the party whip and cannot diverge on his own, saying his constituency is disillusioned by the ruling party leadership, former Maharashtra Chief Minister Uddhav Thackeray argued in the Supreme Court on Wednesday.
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Appearing before a Constitution Bench led by Chief Justice of India D.Y. Chandrachud, senior advocate Kapil Sibal, for Mr. Thackeray, was countering Maharashtra Chief Minister Eknath Shinde’s explanation that he and his supporters had been unhappy about Mr. Thackeray’s leadership and perceived inaccessibility.
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Mr. Sibal said the legislative wing of a political party had to abide by the whip. The decisions are made by the organisational wing of the party outside the House. Legislators inside the House cannot decide whether or not a party has ‘split’ or not. A majority gained by a section of legislators inside the House does not translate to a split in the party.
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Political duty
Justice P.S. Narasimha observed that a legislator was also a political leader in his or her constituency. He too has a political duty to perform.
“Legislators double up as a political leader in their respective constituencies. An MLA also wears the hat of a top leader outside the House. He comes into the House and dons the hat of a legislator. He, in a way, also represents the political perspective of the party… There is an overlap,” Justice Narasimha observed.
To this, Mr. Sibal said a political leader is concerned about his or her constituency, but a legislator is concerned with the entire State.
“As a legislator in the House, his interest in his constituency is subjugated by the interest in the entire State… He cannot, in the interest of his own constituency, say I will not obey the party whip,” the senior lawyer said.