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Opposition’s larger demography, LoP’s big responsibility


Why is it in the news?

  • The 2024 general election marked a historic moment with the formation of the largest opposition group in the Lok Sabha. This opposition, consisting of over 234 seats, has prompted discussions regarding the responsibilities of the Leader of the Opposition (LoP).

Background

  • Previously, in the 16th and 17th Lok Sabhas, the position of LoP was not established due to a directive from the Speaker in the 1950s, according to which, a party must have a minimum of 10% of the total House strength to be recognized as a parliamentary party. However, this directive did not specifically address the recognition of the LoP.
  • In 1977, the Parliament passed the Salary and Allowances of Leaders of Opposition in Parliament Act, which formally defined the Leader of the Opposition as the head of the largest opposition party recognized by the Speaker or Chairman.
  • To qualify as the LoP, two conditions must be met: the party must be the largest opposition group numerically and must be officially recognized as a party by the Speaker. The party seeking the LoP position must have at least 10% of the House’s total strength to make a claim.
  • Despite these criteria, the enactment of the 10th Schedule has made the distinction between parties and groups by the Speaker/Chairman obsolete. All political parties are now considered organizations under this Schedule, eliminating the need for a specific number of members to qualify for the LoP position.
  • Consequently, changes to the Leaders of Opposition Act were necessary to enable the Speaker to appoint the leader of the largest Opposition party in the House, regardless of its numerical strength.
Leader of the Opposition   

     The office of the leader of the opposition is not mentioned in the Constitution.

About:

·        The Leader of the Opposition plays a crucial role in the Westminster system, often referred to as the Prime Minister-in-waiting.

·        As per British tradition, the LoP forms a shadow cabinet and acts as an alternative government leader when the current government falls. This shadow cabinet closely scrutinizes the government’s policies and actions, providing alternative policy suggestions.

·        This system allows the Opposition to thoroughly understand and critique the government’s operations, emphasizing transparency and accountability.

     Mavalankar Rule (10% Rule): G V Mavalankar was the first Speaker of Lok Sabha. Under the rules formulated by him, the single largest opposition party must have a strength of at least 10% of the total strength of the House in order to designate its leader as the Leader of the opposition.

Role of Lok Sabha’s LoP:

·        The Leader of Opposition in Lok Sabha is a crucial position responsible for representing the opposition in the House and serving as a counterbalance to the ruling party.

·        The Leader of Opposition is recognized by the Chairman of the Council of States or the Speaker of the House of the People based on being the leader of the party opposing the government with the highest numerical strength.

Eligibility for LoP in Lok Sabha and Rajya Sabha:

·        As per The Salary and Allowances of Leaders of Opposition in Parliament Act, 1977, the Leader of Opposition must be a member of either the Council of States or the House of the People and lead the party with the most significant numerical strength opposing the government, officially recognized by the respective House’s authority.

Position and Responsibilities of the LoP:

·        The Leader of Opposition holds a prominent seat in the front row to the left of the Chair in the House and participates in ceremonial functions like escorting the Speaker-elect.

·        Additionally, the Leader of Opposition is afforded a seat in the front row during the President’s address to both Houses of Parliament.

·        The primary responsibility of the Leader of Opposition is to act as the spokesperson for the opposition within the House, embodying a shadow Prime Minister with a shadow Cabinet ready to assume responsibility if the Government resigns or faces defeat in the House.

·        Their practical role extends to representing the opposition in crucial committees for appointments to significant positions such as the Director of CBI, Central Vigilance Commissioner, and others.

·        In India’s order of precedence, the Leader of the Opposition (LoP) in both the Rajya Sabha and Lok Sabha is accorded a status equivalent to that of a Cabinet Minister.

·        Overall, the Leader of Opposition plays a vital role in maintaining the balance of power within Parliament and contributes to the effective functioning of the legislative body.

Conclusion

  • Emulating healthy parliamentary traditions, akin to the practices of Jawaharlal Nehru, can bolster Indian democracy. Nehru set precedents by actively participating in Question Hour sessions and supporting Opposition leaders when ministerial responses seemed insufficient.
  • Upholding ideals of tolerance and dissent, inculcating lessons from past parliamentary decorum, fosters a conducive environment for effective governance.
  • Upholding the responsibility of normalizing parliamentary operations, the Leader of the Opposition plays a crucial role in advocating for constructive parliamentary practices.
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