Leader of Opposition issue , need for LoP

The Issue: What happens when the single largest Party is Opposition does not secure even 10% of the Seats. Current Constitutional Provision requires that for having the Leader of Opposition, the single largest party in opposition should have at least 10% seats in the Lok Sabha. The Leader of such a party acts as the Leader of Opposition.

Rahul baba and team did not get the requisite number and made the leader of opposition ( LoP ) issue important for UPSC. In news again, because, in spite of not having LoP recognition , Kharge has been inducted in CIC selection panel.

Who is the LoP?

• Each house has a LoP – leader of the largest party that has not less than one-tenth of the total strength of the house. In Lok sabha, total strength = 545 , one tenth = 55.
• Largest party in opposition and its leader is recognized by the Speaker / Chairman as a matter of convention established by 1st lok sabha speaker GV Mavlankar. Main opposition’s strength must be 10 % of the total strength . The convention was later incorporated in Direction 121c , Directions by the Speaker.
• LoP accorded statutory status and defined under Salary and allowances of Leaders of Opposition in Parliament Act, 1977.

Why is LoP required – significance ?

• to provide constructive criticism on the policies of the government.
• Helps to represent a view contrary from that of government.
• LoP is required on the panels that recommend key appointments like Lokpal, CVC , CIC, NJAC.

Current Controversy?

• Congress being the second largest party has 44 seats. It falls short of the 10% norm. After 10 years of raita, it does not get even LoP.
• Congress has been demanding the post of LoP but the Speaker rejected their proposal citing conventions and norms. However, her decision was criticized as there is no law that mandates the 10% eligibility.

Comparison with other countries ?

• Britain- the opposition is formally designated Her Majesty’s Loyal Opposition. They also form the Shadow Cabinet to balance the ruling cabinet and prepare its members for future  ministerial offices.
• United States – The President is held accountable by minority parties in Congress.

Analysis

A flourishing democracy should accommodate the fundamental right to dissent. Inclusion of LoP provides objectivity and a contrarian perspective to decisions and appointments made by the government.