INTRODUCTION

• The Leader of the Opposition (LoP) in India is a key political figure who heads the largest opposition party in either the Lok Sabha (House of the People) or the Rajya Sabha (Council of States), the two houses of the Indian Parliament. 

• The LoP's role is defined by the Salaries and Allowances of Leader of Opposition in Parliament Act, 1977. 

• This position involves leading the opposition in legislative debates, scrutinising government actions, and representing opposition parties' views.

IMPORTANT PERSONALITIES:

• A K Gopalan: 1st Leader of Opposition of Lok Sabha (however, there was no such official recognition then)

• Ram Subhag Singh (1969-1970): 1st officially recognised Leader of Opposition Lok Sabha

• Yashwantrao Chavan (1977- 1978): 1st Statutory recognised Leader of Opposition Lok sabha 

• L K Adwani: Longest continuous term - 5 years, 213 days

• Shyam Nandan Prasad Mishra (1969-1971) - 1st Leader of Opposition of Rajya Sabha

CONSTITUTIONAL AND STATUTORY ROLE

1. Seating and Ceremonial Roles:

• Occupies a front-row seat in the House, to the left of the Chair.

• Escorts the Speaker-elect to the rostrum during ceremonial occasions.

• Entitled to a front-row seat during the President's address to both Houses of Parliament.

2. Committee Membership:

• Represents the Opposition in high-powered committees headed by the Prime Minister.

• Participates in the selection of key posts like CBI Director, Central Vigilance Commissioner, Chief Information Commissioner, NHRC chairperson and members, and Lokpal.

3. Order of Precedence:

• Ranked at No. 7, alongside Union Cabinet ministers, National Security Advisor, Principal Secretary to the PM, Vice-Chairperson of NITI Aayog, former PMs, and chief ministers.

• They thus enjoy a cabinet position in precedence.

4. Shadow Prime Minister

• An official booklet on Parliament published in 2012 says the Leader of Opposition in Lok Sabha “is considered as a shadow Prime Minister with a shadow Cabinet, ready to take over the administration if the Government resigns or is defeated on the floor of the House”.

POLITICAL ROLE

1. Critiquing Government Policies: The LoP provides constructive criticism and alternative policies to government proposals.

2. Representing the Opposition: The LoP voices the concerns and viewpoints of opposition parties in parliamentary debates.

CONTROVERSIES

• The controversies begin with the question "Who is eligible to serve as Leader of the Opposition in the Lok Sabha and Rajya Sabha?"

• The position of Leader of Opposition is defined under The Salary and Allowances of Leaders of Opposition in Parliament Act, 1977.

• The Act defines the Leader of Opposition as a member of either the Council of States or the House of the People (Lok Sabha), who leads the largest opposition party recognized by the Chairman of the Council of States or the Speaker of the Lok Sabha.

• According to PDT Achary, the former Lok Sabha Secretary General, the Speaker is obligated to recognize the leader of the largest opposition party as the Leader of Opposition. There is no requirement that the party must have at least 10% of the total members of the House.

• He also argues that with the Tenth Schedule of the constitution (Anti-defection), the definition of parliamentary party does not include the 10% rule. 

• Contrary to a common misconception, there is no specific rule mandating a minimum of 10% of MPs for a party to be recognized as the Leader of Opposition. 

• Direction 121 issued by the Speaker pertains to the recognition of a party or group for the purpose of granting specific facilities in the House. 

• This directive specifically addresses the recognition of a party, rather than the appointment of the Leader of Opposition.

• Historically, the Congress party, despite having a large majority in 1984 with 415 MPs, denied the Telugu Desam Party (TDP), which had 30 MPs, the position of Leader of Opposition.

• This was then repeated by the BJP Government from 2014-2024, where two lok sabha (16th and 17th) did not have an officially recognised LoP.

LIMITATIONS

• Statutory Requirements: 

• The position of Leader of Opposition is currently recognized by the Government only if the opposition party or coalition has at least 10% of the total seats in the House.

• Privileges and Funding: 

• The Leader of Opposition is entitled to certain privileges and funding for their office, but these are limited compared to those of the ruling party.

• Role in Parliamentary Committees: 

• While the Leader of Opposition traditionally heads the Public Accounts Committee (PAC), their influence in other parliamentary committees may vary depending on the government's stance.

• Lack of Executive Powers: 

• Unlike in some other parliamentary systems, the Leader of Opposition in India does not have executive powers or authority.

• Challenges in Functioning: 

• The effectiveness of the Leader of Opposition can be hindered by political dynamics, the ruling party's dominance, and the speaker's discretion in recognizing their role and rights in Parliament.

WAY FORWARD

• Review of Statutory Requirements: 

• Reassessing the criteria for recognizing the Leader of Opposition to ensure inclusivity and representation of diverse political viewpoints.

• Enhancing Privileges and Funding:

•  Providing adequate resources and privileges to facilitate the Leader of Opposition's effective functioning, comparable to those of the ruling party.

• Empowering Parliamentary Committees:

• Strengthening the role of the Leader of Opposition in parliamentary committees beyond the Public Account Committee, ensuring their meaningful participation and influence.

• Dialogue and Consensus Building: 

• Promoting constructive dialogue and consensus-building among political parties to enhance the role and recognition of the Leader of Opposition.

• Transparency and Accountability: 

• Ensuring transparency in parliamentary procedures and decision-making processes, with accountability mechanisms to support the Leader of Opposition's role in holding the government accountable.

BEST PRACTICES

• United Kingdom: 

• In the UK, the Leader of the Opposition is formally recognized, and they receive official support such as funding and staff to carry out their responsibilities effectively. 

• The British political system features a unique institution called the Shadow Cabinet. 

• It mirrors the ruling cabinet with corresponding members from the opposition party, preparing them for future ministerial roles and serving as an alternate cabinet in case of a change in government.

• Australia: 

• The Australian Parliament provides resources and facilities to the Leader of the Opposition to ensure they can effectively perform their parliamentary duties. 

• The opposition leader plays a crucial role in parliamentary committees and debates, holding the government accountable.

  
  

  SHORT TAKE

  • Direction 121 of the Indian Parliament:

  • It laid down the recognition of a party or group in Lok Sabha as having “at least a strength equal to the quorum fixed to constitute a sitting of the House, that is one-tenth of the total number of members of the House”. 

  The direction only mentions criteria for the recognition of a party or group and not of the leader of the opposition.
  

CONCLUSION

Implementing these measures could significantly strengthen the role and relevance of the Leader of Opposition in India's parliamentary system, ensuring greater accountability, inclusivity, and effective governance. This, in turn, could enhance democratic

Keywords:
LEADER OF OPPOSITION PARLIAMENT OF INDIA LOK SABHA RAJYA SABHA