There is a saying in Kannada – 'Adda gode mele deepa itta haage', which means making an unclear statement. According to me, this saying holds good for the Supreme Court's interim order over 15 MLAs opting to stay out of the Assembly session. However, with respect to the Speaker, the Supreme Court has clearly protected the rights of another independent Constitutional body.
Insofar as issuing a whip, it is a matter of concern of respective political parties under the constitutional rights as per prevailing legislative rules. The Supreme Court has neither directed any political party nor the Speaker on the matter of issuing a whip to legislative members. All it has said is that it is left to the 15 MLAs to either attend or opt out of the Assembly session.
The 15 MLAs have not made the political parties as respondents in the case before the Supreme Court and with the court not issuing any such directions to them, there is no connection between the Supreme Court order and issuing a whip by the political parties.
It is always the concerned political party which takes a decision on issuing a whip as per rules laid down, and so is the Speaker, who is free to decide on the resignations of the MLAs. The order has in a way led to some confusion, but it cannot be considered a setback to the Congress and JD(S).
As a spokesman of JD(S), I am are very clear that it is our duty to issue a whip.
