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Saturday, May 17, 2014

Crisis for Leader of the Opposition in the New Lok Sabha


Most of you must have read that the 16th Lok Sabha may be devoid of the Leader of the Opposition. Many prominent newspapers and websites have incorrectly stated that there is a provision in the Constitution of India that requires that the main opposition party can be recognised so only if it holds at least one-tenth of the strength of the House.

This is absolutely incorrect as there is no provision in the Constitution that talks about “leader of the opposition”. However, in the Westminster form of government that we have, the leader of the opposition is an important functionary of the House of the people.

Technically he is only the leader for the time being of the Principal Opposition Party[1]. There may be several parties in opposition, but the Opposition basically means the second chief party temporarily in a minority, with leaders experienced in office, who are ready when the time arises, to form an alternative government. This affords a guarantee that its criticism will be directed by a consistent policy and conducted with responsibility-not in spirit calculated to ruin the game for the sake of the prize[2].

Section 2 of The Salary and Allowances of Leaders of Opposition in Parliament Act, 1977”, defines the Leader of the Opposition, in relation to either House of Parliament, as “member of the Council of States or the House of the People, as the case may be, who is, for the time being, the Leader in that House of the party in opposition to the Government having the greatest numerical strength and recognised as such by the Chairman of the Council of States or the Speaker of the House of the People, as the case may be”.

The explanation to this states that “Where there are two or more parties in opposition to the Government, in the Council of States or In the House of the People having the same numerical strength, the Chairman of the Council of States or the Speaker of the House of the people, as the case may be, shall, having regard to the status of the parties, recognise any one of the Leaders of such parties as the Leader of the Opposition for the purposes of this section and such recognition shall be final and conclusive”.

According to directions issued by the Presiding Officers of both the Houses, the minimum numerical strength required for recognition as a Parliamentary Party is one tenth of the total membership of the House.

Thus, the chief opposition party can be recognized as a Party in the house of the people by the Speaker only if it has a minimum of one tenth of the total membership of the house. Here is the catch. We observe that, according to section 2 mentioned above, in order to be a Leader of the Opposition, the party In opposition to which the leader of the opposition belongs must have the greatest numerical strength and as per the directives of the Presiding Officers, this greatest numerical strength must be at least one tenth membership of the house.

Hence, a minimum of 54 seats would be needed by the principal opposition party to put forth a leader of the Opposition that could be recognized by the Presiding Officer.

It will be interesting to watch whether there will be a leader of the opposition or not in the 16th Lok Sabha as no party except BJP has been able to cross the threshold of 54 members.

In my subsequent posts, I will explain the genesis of this one-tenth Rule, the Constituent Assembly Debates in this respect and my opinion on this issue.



[1] Parliament, By Sir Ivor Jennings, p. 79.
[2] Parliament: A Survey, by Campion, pp. 29-31.

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