Polity
Leader of Opposition
Leader of Opposition (LoP) in India
·
1977: The leaders of opposition in Lok Sabha and Rajya Sabha were
given statutory recognition.
·
They provides constructive criticism of the govt. policies.
·
Gets same salaries and allowances that are equivalent to a
Cabinet minister – paid by the govt.
·
To become leader of opposition, a political party needs atleast
10% strength of the house.
House
|
Total
|
10% of seat =
|
LoP
|
Rajya Sabha
|
245
|
25
|
Ghulam Nabi Azad (Cong = 67)
|
Lok Sabha
|
543
|
55
|
None (Cong = 44; AIADMK = 37)
|
·
Congress got only 44 seats in Lok Sabha. Even if we count the
whole UPA alliance- its only 60 members.
·
But LoP is given only to party leader and not to alliance leader.
·
Therefore, neither congress nor the UPA leader can be declared as
the leader of opposition in Lok Sabha.
10%
rules:
Between
|
Why
|
1952- 1969 (1952 – 1977)
|
Congress had large majority
|
1980 - 1984
|
Same
|
1984 - 1989
|
TDP leader was made LoP, although TDP had 3 seats
less than 10% rule
|
·
Congress citing that TDP-episode to stake claims over LoP seat in
2014.
·
Final judge: Speaker of Lok Sabha.
·
She said “No party will get LoP seat this time, because none has
won the required 55 seats”.
Appointment of Committees & LoP:
LoP required in the
following committees
|
|
CVC
|
PM + Home Minister + Leader of Opposition in LS
Although 2003 CVC act says, if no LoP then leader
of single largest party can be made part of the Committee.
But same act also says if vacancy in Committee,
still appointment can be done.
|
CIC
|
PM + Union Minister + Leader of Opposition in LS
RTI Act says “leader of the single largest party in
the Lok Sabha”. (Doesn’t make 10% requirement).
|
NHRC
|
PM+ Home Minister + Speaker of LS + Dy Chairman of
RS + Leader of Opposition of LS + Leader of Opposition of RS
As per Protection of Human rights act 1993.- if
vacancy in Committee, still appointment can be done.
|
Lokpal
|
PM + CJI +Speaker of LS + Leader of Opposition in
LS + eminent jurist
Even here, if vacancy in Committee, still
appointment can be made as per Lokpal Act 2013.
|
NJAC
|
CJI +2 SC judges + Union Law Minister + 2 eminent
jurist
2 eminent jurist would be recommended by (PM + CJI
+ Leader of Opposition in LS)
|
Arguments on LoP:
Government
|
Congress
|
GV Mavalankar, First Lok Sabha speaker - he said
main opposition party’s strength must equal the quorum
Since quorum rule =10% of total membership
Therefore, LoP must be from party with minimum 10%
seats.
This rule is incorporated in Direction 121(1) in
Parliament (facilities) act 1998.
|
They’re citing Parliament Act of 1977- Norms
regarding the salary allowances of leader of Opposition.
It says – leader of single largest party in the
opposition – would get the LoP post. (So there is no 10% requirement
mentioned in it!)
|
Earlier even during Cong rule when they had
majority, they did not give LoP seats to <10% (Except TDP).
Since Speaker has given ruling, the matter is
closed.
|
LoP is necessary to ensure public confidence in
candidate selection in the high posts.
|
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