SC dismissed PIL seeking LoP status in Lok Sabha

On 8^th August 2014, Supreme Court (SC) dismissed Public interest litigation (PIL) seeking that the Leader of Opposition (LoP) status in Lok Sabha be granted to Congress party.

PIL was filled by filled by petitioner advocate M.L. Sharma.

Sharma in his PIL submitted that the question of the Leader of Opposition (LoP) is to be read with the provision of the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977.

In his PIL, he mentioned that Section 2 of the 1977 Act defines the Leader of Opposition (LoP) of each House as the leader in that House of the party in opposition to the Government having the greatest numerical strength. Therefore a parson who is the leader of the greatest numerical strength is to be declared as a Leader of the Opposition.

However SC dismissed the PIL saying that it cannot decide political issues filed under the garb of Public Interest Litigation.

The judgment was given by the bench headed by Chief Justice R.M. Lodha also comprising justices Kurian Joseph and R.F Nariman.

SC judgment in this hearing

• SC refusing to entertain the petition filed by an advocate, said ruling of Speaker in the House is not amenable to judicial review.
• Bench said that under Article 32 of Constitution, we are not sitting here to decide political issues and ruling given by Speaker in the House is not amenable to judicial review.

Leader of Opposition (LoP)

Each House of Parliament i.e. Lok Sabha and Rajya Sabha has a Leader of Opposition.

He is the member of the house and the leader of the largest opposition party having one-tenth seats in the House.

Leader of Opposition of Lok Sabha (Lower house) and Rajya Sabha (Upper House) were accorded statutory recognition in 1977 by Janta Government under the Salary and Allowances of Leaders of 

Opposition in Parliament Act, 1977.

The act extends to leaders of the opposition in both Houses a certain official status and facilities, including a salary, allowances and perks equivalent to a cabinet minister.

Salary and Allowances of Leaders of Opposition in Parliament Act, 1977

The 1977 act defines the leader of the opposition as that member of the Rajya Sabha or Lok Sabha who leads the opposition party with the greatest numerical strength and is recognised as such by the presiding officer of the House.

Although the definition in the act does not mention the 10 per cent membership requirement, it is clearly implied in the recognition condition.

As per Directions by the Speaker under the rules of Procedure and Conduct of Business in Lok Sabha

Chapter IX- General Directions Recognition of Party or Group

For the Lok Sabha, the criteria for a party to be recognised as the opposition in Direction 121(c), is that it should at least have “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”.

Since the first Lok Sabha came into being, a leader of a party with strength of less than 10 per cent of the total membership has never been designated leader of the opposition.

The roots of the 10 per cent membership requirement can be traced to the British parliamentary system, where the leader of the opposition is supposed to head the shadow cabinet.

The leader of the opposition has to be in a position to make the sitting of the House, and if need be, provide an alternative government.

It is for that reason that he is paid a salary and allowances from public funds and it is for the same reason that he must satisfy the condition of being the leader of an opposition party which has at least 10 per cent of the members of the House on its rolls.

Leader of Opposition in India’s history

Between 1952 and 1969, there was no opposition party with the required strength and therefore, there was no officially recognised leader of the opposition. Even though some outstanding personalities occupied the opposition benches and led their parties during this period.

In 1969, in the 4th Lok Sabha, following the split in the Congress, the leader of the Congress (O), Ram Subhag Singh, became the first person to be formally recognised and given the status of leader of the opposition.

During the 6th Lok Sabha (1977-80) i.e. during Janta Government after the emergency: Y.B. Chavan, C.M. Stephen and Jagjivan Ram were appointed as successive leaders of the opposition.

During the 7th and 8th Lok Sabhas (1980-1989), no party in opposition had the requisite strength.

During subsequent Lok Sabhas i.e. 9th to 15th which covered the period from 1989 to 2014, the recognised leaders of the opposition, were Rajiv Gandhi, L.K. Advani, A.B. Vajpayee, P.V. Narasimha Rao, Sharad Pawar, Sonia Gandhi and Sushma Swaraj.

Important Role and functions of Leader of Opposition

In Parliamentary system of government, the leader of the leader of Opposition plays a significant role.

The important function of Leader of Opposition is to provide constructive criticism to the policies of the ruling government and provide an alternative government.