Challenges for the Leader of the Opposition in India

Source: The post challenges for the Leader of the Opposition in India has been created, based on the article “Opposition’s larger demography, LoP’s big responsibility” published in “The Hindu” on 27th June 2024

UPSC Syllabus Topic: GS Paper 2– Polity

Context: The article discusses the significant role of the Leader of the Opposition (LoP) in India’s Lok Sabha, especially after the 2024 general elections which resulted in a large opposition. It explains the conditions required for recognizing the LoP and highlights the challenges and importance of this position in a balanced and effective parliamentary system.

For detailed information on Qualifying for Leader of the Opposition read this article here

What are the Requirements for the Leader of the Opposition?

1. 1950s Order (Direction 121): This direction requires a party to have at least 10% of the members in the House to be recognized as a parliamentary party and receive certain facilities. However, it does not specifically address the recognition of the Leader of the Opposition (LoP).
2. Leader of Opposition in Parliament Act, 1977: Defines the LoP as the leader of the largest opposition party recognized by the Speaker. The party must be the largest in opposition and meet the 10% member threshold. For example, in 2019, Congress, with only 52 members, did not meet the 10% requirement (54 members) and thus could not claim the LoP post.
3. 10th Schedule: It states all political entities are “parties” regardless of size, eliminating the ‘group’ classification. This suggests the need for updates in the LoP Act to align with the 10th Schedule, which recognizes all parties irrespective of their numbers in the House.

What is the Role of the Leader of the Opposition in the Westminster System?

1. Prime Minister-in-Waiting: The Leader of the Opposition is considered the Prime Minister-in-waiting. They lead an alternative government ready to take over if the current government falls.
2. Shadow Cabinet: Forms a shadow cabinet that mirrors the positions of the actual cabinet members. This helps scrutinize government policies and suggest alternatives.
3. Policy Scrutiny: The shadow cabinet critiques the government’s actions and offers alternative policies. Erskine May describes this as directing criticism and outlining alternative policies.
4. Communication with Prime Minister: In the British tradition, the Prime Minister informs the Leader of the Opposition about major policy initiatives directly. This maintains an open communication channel.
5. Indian Context: Although India follows the Westminster system, it does not have a shadow cabinet practice. The role has been mainly statutory since 1977.

What are the Challenges for the Leader of the Opposition in India?

1. Diverse Opposition: The opposition in India is composed of multiple parties with divergent ideologies and programs, making unity difficult.
2. Maintaining Unity: The role of the LoP is challenging due to the absence of power-sharing incentives to maintain unity among opposition parties.
3. Strong Ruling Party: Over the past 10 years, the ruling party’s large majority and intimidatory postures often overawed the opposition, making it feel helpless.
4. Role of Critic: The traditional role of the opposition is to oppose the government, criticize it, and seek to replace it, but this is challenging without substantial influence.
5. New Dynamics in 2024: The 2024 general election resulted in over 234 members in the opposition, creating a stronger and more influential opposition. The LoP must capture this new mood and present effective views to influence parliamentary proceedings.

What should be done?

1. Update the LoP Act: Align the Leader of the Opposition Act with the 10th Schedule, recognizing all parties regardless of size.
2. Promote Opposition Unity: The LoP should work to maintain unity among diverse opposition parties, leveraging their collective strength.
3. Enhance Communication: Adopt the British tradition of keeping open communication channels between the Prime Minister and the LoP.
4. Learn from History: Emulate Jawaharlal Nehru’s practice of valuing opposition input and being present during debates to ensure healthy parliamentary democracy.
5. Form Shadow Cabinet: Consider forming a shadow cabinet to scrutinize government policies effectively.

Question for practice:

Discuss the role and challenges faced by the Leader of the Opposition (LoP) in India’s Lok Sabha, particularly in light of the 2024 general elections and the significant opposition presence thereafter.