IAS-2015 Leader of Opposition (LoP) 1. No Constitutional mention, statutory posts- it means LoP was created through an act of Parliament. 2. GV Malvankar, the 1st speaker, decided that the leader of the largest party in opposition is recognized as LoP, provided the party has the no of seats required to constitute a sitting of the house, that is it sd cross the quorum (1/10th) of the total membership. Not that a minimum 1/10th of the total membership of the house is required for a sitting of the house. 3. The LoP got statutory status through the Salary & Allowances of LoP in Parliament Act1977. It defines LoP as that member of the LS/RS who is the leader of that house of the party in opposition to the gvt having the greatest numerical strength & recognized as such by the respective chairpersons. 4. The 1977 act also makes the post equivalent to a Cabinet rank with associated perks, salaries & allowances. 5. Now the key to understand why Congress with 44 MPs & being the 2nd largest party cannot get LoP post in LS is the speakers directive called 121(c). 6. It says that a party cam be recognized by the speaker as the opposition only if it has a strength equal to the quorum fixed to constitute a sitting of the House. Or else it can be recognized as an alliance & rules dont allow leader of an alliance (whether pre poll or post poll) to be the LoP. Neverthrless, in selection committees to posts like CVC she can act as such even though not formally a LoP. Rules also allow the post to be considered vacant if there is no such leader of an alliance. 7. Parliamentary system mostly works by precedents & established practices & as no LoP from a party not having the quorum strength has ever been recognized till today, Hon Sumitra Mahajan didnt grant grant Cingress the LoP post.
Posted on: Sat, 23 Aug 2014 04:21:32 +0000
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