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[Parliament] Leader of Opposition (LoP) appointment controversy,
10% Rule, Consequences
1. Leader of Opposition (LoP) in India Parliament
2. 10% rule: episodes in past?
3. LoP and Appointment Committees
4. Arguments: Government vs Opposition
5. Mock questions
Leader of Opposition (LoP) in India Parliament
1977: The leaders of opposition in Lok Sabha and Rajya Sabha were given statutory
recognition.
They provides constructive criticism of the govt. policies.
Gets same salaries and allowances that are equivalent to a Cabinet minister paid by the
govt.
To become leader of opposition, a political party needs atleast 10% strength of the house.
House total 10% seat means Who is the LoP?
Rajya Sabha 245 25 Ghulam Nabi Azad. Because Congress got 67 seats.
Lok Sabha 543 55 None because Congi 44, AIADMK 37.
Congress got only 44 seats in Lok Sabha. Even if you count the whole UPA alliance- its 60
members.
But LoP is given only to party leader and not to alliance leader.
Therefore, neither congress nor the UPA leader can be declared as the leader of opposition in
Lok Sabha.
10% rule: episodes in past?
Between why
1952- 1969 (some newspapers
say 1952-77)
Congress had large majority
1980-84 Same
1984-89
TDP leader was made Leader of opposition, although TDP had
3 seats less than 10% rule.
Congress citing that TDP-episode to stake claims over LoP seat in 2014.
Final judge: UPSC Speaker of Lok Sabha.
She said No party will get LoP seat this time, because none has won the required 55 seats.
LoP and Appointment Committees
LoP required in following Committees
CVC
PM + Home minister + leader of opposition in LS
Although 2003 CVC act says, if no LoP then leader of single largest party can be
made part of the Committee.
But same act also says if vacancy in Committee, still appointment can be done.
CIC
PM + Union minister + Leader of opposition in LS
RTI Act says leader of the single largest party in the Lok Sabha. (Doesnt make
10% requirement).
NHRC
PM+ Home minister + speaker of LS + dept. chair of RS + leader of Opposition of
LS + leader of Opposition of RS
As per Protection of Human rights act 1993.- if vacancy in Committee, still
appointment can be done.
Lokpal
PM + CJI +speaker of LS + leader of opposition in LS + eminent jurist
Even here, if vacancy in Committee, still appointment can be made as per Lokpal
Act 2013.
NJAC
CJI +2 SC judges + law minister + 2 eminent jurist
2 eminent jurist would be recommended by (PM + CJI + leader of opposition in
LS)
Arguments: Government vs Opposition?
Government Congi
GV Mavalankar,First Lok Sabha
speaker- he said main opposition
partys strength must equal the
quorum
Since quorum rule =10% of total
membership
Therefore, LoP must be from party
with minimum 10% seats.
This rule is incorporated in Direction
121(1) in Parliament (facilities) act
1998.
Theyre citing Parliament Act of 1977-
Norms regarding the salary allowances of
leader of Opposition.
It says leader of single largest party in the
opposition would get the LoP post. (So
there is no 10% requirement mentioned in it!)
Earlier even during Congi-raj when
they had majority, they did not give
LoP seats to <10% walla (Except
TDP).
Since Speaker has given ruling, the
matter is closed.
LoP is necessary to ensure public confidence in
candidate selection in the high posts.
Side notes: 2nd ARC even said setup a Civil service Board- for transfer posting of top babus. The
members of this Committee, will be selected by PM and LoP.
Mock questions
CSAT Prelim: Theyll give a list and ask you to find which members are part of ___
selection Committee. For example- Lokpal selection Committee includes which of the
following membersOnly 1 and 2, Only 1,3 and 4. And so on.
For lower level exams, GK type question- who is the LoP in Rajya Sabha? Who was the first
speaker of Lok Sabha?
Mains (GS2)
1. Discuss the origin of the 10% strength rule to become Leader of Opposition in Indian
Parliament. 100 words.
2. Discussion the importance of the Leader of Opposition in Indian polity. 200 words
3. Democratic government demands not only a parliamentary majority but also a
parliamentary minority. Elaborate in 200 words.
Published on 11/10/2014 @ 1:14 am under Category: polity
URL to article: http://mrunal.org/2014/10/parliament-leader-of-opposition-lok-sabha-55-seats-
appointment-congress-speaker.html