Lok Sabha MPs Voting Right Bill 2025

Lok Sabha MPs Voting Right Bill 2025

Why in News?

Recently, a Congress MP introduced a private member’s bill in the Lok Sabha that aims to give MPs greater freedom in voting. The proposal seeks to let parliamentarians take an independent stand on all bills and motions, except those directly linked to the government’s stability. This is the third attempt to introduce similar changes, previously introduced related bills in 2010 and 2021. 

Key Provisions of the Bill

• Amendment to the Anti‑Defection Law: The bill proposes changes to the Tenth Schedule of the Constitution. Under the amendment, an MP should face disqualification only when he or she votes or abstains from voting on crucial motions such as a confidence motion, no‑confidence motion, adjournment motion, money bill or other financial matters — if the MP defies the direction issued by their political party. For all other bills and motions, no disqualification should arise.
• Independent Voting for Most Legislative Matters: For ordinary bills, policy legislation, non‑financial issues and private member bills, the bill seeks to grant MPs the freedom to vote according to their own judgment or conscience rather than strictly following party directives. 
• Reduction of “Whip‑Driven” Control: The bill aims to curb the influence of party whips in shaping parliamentary votes. Under current norms, MPs risk losing membership even on non-critical issues if they defy a party whip. The proposal seeks to end this “whip tyranny” for the majority of legislative business. 
• Formal Announcement of Party Directives by Speaker/Chairman: Whenever a party issues a direction (whip) in respect of confidence/no-confidence motions, money bills or other financial matters, the bill mandates that the Speaker (in the Lok Sabha) or Chairman (in the Rajya Sabha) must formally announce this direction in the House. This announcement must clarify to all members that defying the direction will lead to loss of membership.
• Right to Appeal Loss of Membership: In case an MP’s membership is terminated due to defying a party directive on critical motions, the MP will have a right to appeal to the Speaker or Chairman (depending on the House). The appeal must be filed within 15 days of cessation of membership and disposed of within 60 days from receipt.

Current Voting Rights of Lok Sabha MPs

• Constitutional basis: The Tenth Schedule was added by the 52nd Amendment Act, 1985. It makes it explicit that a Member of Parliament who was elected on a party ticket must follow the party’s instructions while voting.

• Grounds for Disqualification: Under the current law, a MP can be disqualified from the Lok Sabha if he or she: 1) voluntarily resigns from the political party under whose banner they were elected; or 2) votes or abstains from voting in the House contrary to any direction (whip) issued by the party, without prior permission and if the party does not condone that act within 15 days.
• Party Discipline: The “whip” is not a constitutional office; rather it is a convention used by parties to control their members in Parliament. When a party issues a whip, it typically requires MPs to be present and vote in a predetermined manner (especially under a “three-line whip”). Violation of such direction may trigger disqualification under the Tenth Schedule.
• Applicability: The Tenth Schedule applies to all kinds of members — elected MPs who contested on a party’s ticket, independent MPs, and nominated MPs. A nominated MP, for instance, becomes disqualified if he or she joins a political party after six months from taking their seat. Similarly, an independent MP who joins a party post‑election can be disqualified.
• No Blanket Right: Given the anti‑defection rules, an MP does not enjoy a general right to vote according to his or her personal conscience on every issue. Instead, parliamentary voting is largely subject to party discipline. This means MPs seldom have freedom to vote their judgment contrary to their party’s direction.
• Decision‑Making Authority: If a question of disqualification arises, the decision lies with the Presiding Officer — i.e., the Speaker of Lok Sabha. The law does not mandate a fixed timeline within which the Speaker must decide on a defection petition. The decision was earlier immune from judicial review. However, after the landmark ruling in Kihoto Hollohan v. Zachillhu (1992), the courts can review such decisions on limited grounds such as malafide or perversity.
• Exemption: The law provides an exception: if at least two‑thirds of a legislature‑party agree to merge with another political party, MPs will not face disqualification even when the party merges. This allows for party realignment in a structured way while avoiding floorcrossing. However, this does not allow an individual MP to defy a party whip on ordinary bills without risking punishment.

What is a Private Member’s Bill?

• A Private Member’s Bill is a legislative proposal introduced in Parliament by a member who is not a minister. 
• These bills are distinct from government bills, which are presented by ministers in charge of a department. 
• Private Member’s Bills allow non-executive lawmakers to contribute directly to the legislative process and propose changes to law. 
• They are recognized under Article 107 and 108 of the Constitution of India for procedure and debate.
• Private Member’s Bills can be introduced in both Lok Sabha and Rajya Sabha. However, the rules differ slightly between the two Houses. 
• In the Lok Sabha, any member other than a minister can introduce a bill on a day fixed by the Speaker, usually on Fridays. 
• In Rajya Sabha, members may present the bill after giving notice according to the rules of the House to ensure that every elected representative has the opportunity to influence lawmaking.
• There are two main types of Private Member’s Bills: Public Bills and Private Bills. Public Bills aim to change, amend, or create legislation that affects the general public, while Private Bills are specific to individuals, organizations, or localities.
• The procedure for passing a Private Member’s Bill is the same as for any other bill. It starts with introduction, followed by first reading, second reading, committee review (if referred), and third reading. Members may debate the bill, suggest amendments, and vote on it. If passed in one House, it goes to the other House for consideration. Finally, the bill is sent to the President of India for assent, after which it becomes law.
• Historically, Private Member’s Bills have had limited success in becoming law. Since independence in 1947, over 14,000 bills have been introduced by private members in Parliament. Out of these, only around 14 bills have been enacted into law. 
• Notable examples include the Muslim Wakfs Bill, 1952, the  and the most recent one was the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Bill in 1970.