Congress MP Manish Tewari has introduced a private member's bill in the Lok Sabha seeking to amend the Anti-Defection Law, potentially granting Members of Parliament greater freedom in how they vote. The bill aims to allow MPs to vote independently on most legislative matters, except those directly affecting the government's stability, reigniting the debate on the whip system in India.
Tewari, representing Chandigarh, has labeled the current system "whip-driven tyranny," arguing that it stifles debate and reduces lawmakers to mere "numbers". He contends that the existing rules hinder good lawmaking by preventing MPs from exercising their own judgment. Tewari's bill seeks to restore "conscience, constituency and common sense" to the legislature. He questions whether the true authority in a democracy lies with the voters or with political parties enforcing strict whips.
The proposed amendment to the Tenth Schedule of the Constitution would disqualify a member only if they defy the party whip on confidence motions, no-confidence motions, adjournment motions, money bills, or financial matters. In all other cases, MPs would be free to vote according to their conscience. The bill also proposes that the Speaker or Chairman of the House announce any directions issued by a political party regarding these specific motions, informing members that defiance would result in automatic cessation of membership. Members would have the right to appeal such cessation within 15 days, with appeals to be decided within 60 days.
This is Tewari's third attempt to introduce this legislation, following earlier efforts in 2010 and 2021. Private member's bills rarely pass, but Tewari insists the reform is crucial for restoring parliamentary democracy's essence. He referenced the "Aaya Ram Gaya Ram" era of political defections in 1967 and the subsequent introduction of the Tenth Schedule under then Prime Minister Rajiv Gandhi. Tewari argues that the anti-defection law has not stopped political defections, which have now escalated.
Tewari has also proposed establishing judicial tribunals outside Parliament to decide defection cases and a Supreme Court division bench for Parliament with appeals to a five-judge bench, along with a similar structure using high courts for state legislatures.
The introduction of this bill comes at a time when the Congress party faces electoral setbacks and internal disagreements. Tewari is among the leaders in the party who often take positions different from the official line.
