Law expert and former Lok Sabha Secretary General PDT Acharya has a different opinion about the leader of the opposition. He says that the leader of the largest party among the parties opposing the government gets the status of Leader of Opposition. However, the general belief is that to become the Leader of Opposition, the largest opposition party should have at least 10 percent of the total seats, i.e. 55 seats. But former Lok Sabha Secretary General Acharya does not consider it mandatory. According to him, the Parliamentary Act 1977 defines the salary, allowances etc. of the Leader of Opposition. The Leader of Opposition has been defined in Section 2 of the Act. Under this, it is said that the Leader of Opposition is the leader of the opposition party and the Speaker of the Lok Sabha recognizes the leader of the opposition party as the Leader of Opposition which has the maximum number of members in the Lok Sabha. It is not written anywhere in this Act that the Leader of Opposition should have 10 percent of the total seats, i.e. 55 seats.
The 10% rule was decided by the speaker
The issue of the leader of the opposition is very old. Lok Sabha was formed after the first general election in 1952 and then a rule was made to give the status of the leader of the opposition if 10% of the seats were won. For this, the then Lok Sabha Speaker GV Mavalankar had set the rule that there should be 10% seats for the leader of the opposition. But after this, the Leader of the Opposition Salary Allowance Act was passed in 1977. It said that the one who has the most members will be considered the leader of the opposition party.
Speaker did not give Congress the status of Leader of Opposition
When Congress got 44 seats in the 16th Lok Sabha, the then Lok Sabha Speaker Sumitra Mahajan refused to give the status of Leader of Opposition to the Congress leader in the Lok Sabha. For this, the Speaker had consulted the Attorney General. The Attorney General examined the 1977 law and said that the matter of giving the status of Leader of Opposition does not fall under the purview of 1977 and the decision on this has to be taken by the Speaker and it is his right. After this, the Congress leader in the Lok Sabha did not get the status of Leader of Opposition. In the 17th Lok Sabha also, Congress got 52 seats and it did not claim the post of Leader of Opposition.
The Leader of the Opposition is a member of several select committees
Although the interpretation of the law is at its place, but this time that debate has lost its meaning because the figure of Congress has gone far beyond 55 seats. But this time Congress has reached around 100, in such a situation their leader will also get the post of Leader of Opposition in Lok Sabha and after this he will be able to put his point strongly in the House. Also, in all the committees in which the opposition leaders are members, their leader will be there and will be able to play a constructive role in a concrete way. Whether it is the collegium formed for the appointment of CBI director or the high power committee formed for the appointment of Election Commissioner, the voice of the opposition will be vocal because in all these shortcomings, the opposition leaders will also be with the PM and the voting of the opposition leader will prove to be important.
Why is the leader of the opposition so important for democracy?
A strong opposition is necessary for the strengthening of democracy and it is represented by the leader of the opposition. Also, there are many practical matters in which the leader of the opposition plays an important role. The leader of the opposition is also there along with the PM in the committee constituted for the appointment of CBI Director, CVC, Lokpal and Chief Election Commissioner. When the Lokpal was appointed in March 2019, Congress leader Mallikarjun Kharge was invited as a special invitee member in the selection committee meeting. Kharge boycotted this meeting and said that he does not have the right to vote and he is not recognized as the leader of the opposition, so he will not attend the meeting. But now all such disputes will end and the leader of the Congress Parliamentary Party will play an important role as the leader of the opposition and will fulfill the practical needs in the democratic system.
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