The bill proposes that MPs should be allowed to vote according to their conscience and public interest, even if it means deviating from the party line. Under current rules, defying a whip can lead to disqualification under the anti-defection law. Tewari’s amendment suggests that disqualification should be limited only to cases where MPs vote against the party or remain absent during no-confidence motions, adjournment motions, money bills, or other financial matters. For all other legislative votes, MPs would have freedom to vote independently.
The proposed bill also mandates that party directives on bills or proposals must be formally announced in the House by the Speaker or Chairman. Any violation of such directives would trigger automatic membership termination, though members could appeal within 15 days, and the case must be resolved within 60 days.
Tewari argued that the current functioning of Parliament has weakened the role of MPs in lawmaking. “Good laws are no longer made,” he said, noting that legislative work is often confined to prepared speeches by ministers and votes along strict party lines, leaving little scope for debate or research-based policymaking.
He added that whips were historically non-binding from 1950 to 1985, but after the 1967 ‘Aaya Ram Gaya Ram’ defections, anti-defection provisions were formalized under the 10th Schedule during the Rajiv Gandhi government.
This marks Tewari’s third attempt to amend the anti-defection law, following similar bills in 2010 and 2021, and a recent amendment tabled last week on the same issue. The bill is expected to spark debate on the balance between party discipline and MPs’ legislative independence.
