In the last two posts (Part I and Part II), we read
about the genesis and importance of the post of leader of the opposition in
both the houses of the Parliament. In the present article, I would highlight
the observations made with respect to the importance of leader of the
opposition in the Constituent Assembly Debates (CAD).
Some of these
observations are relevant today as well. The importance of a healthy opposition
cannot be undermined. I just hope that we have an effective and healthy
opposition in the new Lok Sabha. Here are the views presented by some of the
members of the Constituent Assembly with respect to importance of leader of the
opposition.
1. “And
who is to create public opinion? Who is to make the public aware and take
interest in the doings of Government, unless there is opposition in House to
bring all the actions of Government in to the lime-light? Everyone knows that
in these days the functions of Government have grown and any party which wants
to be wide-awake and effective must be a whole time opposition. You cannot have
a whole-time opposition unless there is a leader who devotes all his time and
energy to fostering responsible opposition throughout the country. It is not
necessary only to have an opposition in the House, but that opposition must be
broad-based; it must have public opinion throughout the country to back it. I
therefore feel that you cannot have a vigorous and wide-awake opposition
working in the legislature and outside unless it has a leader who is a
whole-time worker and it paid, as is done in England and other countries.”
- Mr. Z.H. Lari (United Provinces: Muslim)
2. “At the
very outset of parliamentary democracy, we must not create a condition in the
country wherein one-party Government becomes permanent and a party thinks that
it has come into power and it is has to remain in power for all time to come.
It is necessary to create a psychological change.
If this amendment
is inserted the public at large and everybody will feel that the Constitution
itself recognises the existence of the Leader of the Opposition and that when
he criticises or attacks the Government and carries on agitation in the
countryside and rouses public opinion against the party's misdeeds, really he
is doing a duty assigned to him by the Constitution.” - Mr. Z.H. Lari
(United Provinces: Muslim)
3. “Without
any opposition party, the very tolerance which an effective opposition will
engender among the majority Party, is lost. As soon as some criticism is
made, some Members of majority Party get impatient. As soon as arguments are
advanced, the so-called prestige of the Government is supposed to be at stake,
and therefore those arguments are opposed, resented, and sometimes treated with
indifference and contempt.” - Mr. Naziruddin Ahmad (West
Bengal: Muslim)
4. “I submit,
Sir, that the want of an effective opposition induces the Government to proceed
in a careless fashion, regardless of public opinion. And what has been the
result? People outside lose all interest in the proceedings. They believe
that in the Assembly, the Members have nothing to do beyond crying
"ditto" to what is said by the Government. I submit that this is not
good or healthy for the growth of a real democracy.
I would
submit that the Leader of the Opposition should not only be given pay, but
ample secretariat facilities. Those members who had the unfortunate, and
unpalatable duty of opposing the Government felt the difficulty of the absence
of secretariat help, and in those circumstances opposition has not grown very
much. It is therefore the patriotic duty of every Member of this House to see
that an effective opposition grows.” - Mr. Naziruddin Ahmad (West
Bengal: Muslim)
5. “If you
want to be a stable government if you want to be in the good books of the
people, if you are not desirous of creating anti-Congress feeling in the
Country which is growing very fast, if you think that you should keep the
people from joining the forces of disorder and chaos, it is very necessary to
consider this matter very seriously. It is very necessary for you to create an
opposition, if necessary be some members volunteering to go to the opposition
and making it healthy and strong. It is by such recognition and encouragement
that you can create a healthy opposition.
Now there
is a feeling in the country that the party in power is all too powerful. In
fact, there is a feeling even amongst the Members of that Party that the party
is all-too powerful and that individual members have no liberty.
Even the Press of late has not been very articulate. In fact, the debates in
the House which put the Government in an inconvenient light are hardly reported
in the Press and it is hinted that this is due to some unofficial pressure on
the part of Government.” - Mr. Naziruddin Ahmad (West Bengal: Muslim)
6. “Sir,
although I do not support Mr. Lari's amendment I think he has raised on
important constitutional issue which the House should consider. I am not an
admirer of the British constitution. They have got the party system which I
think strikes at the very root of democracy. We are told that in that country
there is opposition and the Leader of the Opposition is paid. It is a sound
principle. In this country we have just got freedom, and our own party i.e.,
the Congress Party, has got no opposition to it. I have seen how things have
been going on here and I feel that there must be a strong opposition to criticise
our actions and review them. In the Mahabharata we find Bhishma and Arjuna
fighting in opposition to each other and there Bhishma tells Arjuna how to kill
Bhishma himself. In the same way I think that Government is good which creates
and encourages opposition and which is always ready to retire. A Government
which does not like opposition and always wants to be in power is not a
patriotic but a traitor Government. In several provinces, in my own
province of Bihar, I know what is happening. There is no opposition to the
Congress Government and all sorts of scandals are going on. I therefore feel
that there should be an opposition to criticise Government and this opposition
should be encouraged. This need not be in the constitution itself but we must consider
it as soon as the constitution is passed.” - Shri Ramnarayan Singh
(Bihar: General)
7. Mr.
President: I will now put the amendments to vote one by one.
The question
is:
That in article
86 the words 'and until provision in that respect is so made allowances at such
rates and upon such conditions as were immediately before the date of
commencement of this Constitution applicable in the case of members of the
legislature of the Dominion of India' be deleted and the following new proviso
be inserted:-
“Provided
that salary payable to member of the Parliament shall not be less than one
fourth or more than one-third payable to a Cabinet Minister.
And provided
further that the Leader of the Opposition shall be entitled to get salary
payable to a Minister without Cabinet rank.”
8. Heavyweights
like Ambedkar, T.T. Krishnamachari, M.A. Ayyangar and Dr. P. S. Deshmukh did
not support the constitutional recognition of ‘leader of the opposition’. Thus
the amendment was finally negatived by the Constituent Assembly.
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