Why in News- Rahul Gandhi, MP from Raebareli has been appointed as the Leader of Opposition (LOP) in Lok Sabha, filling a position that has been lying vacant for a decade (10 years). The vacancy persisted because no opposition party had the required numbers – equivalent to one-tenth of the total strength of the House – to claim the position as per established practice. The Congress party, the largest opposition party, had won 44 and 52 seats in the 2014 and 2019 elections respectively. However, in the latest election, the party almost doubled its 2019 tally to 99 seats, allowing Rahul Gandhi to take up the role.
UPSC Syllabus:
Prelims: Indian Polity
Mains: GS-II: Constitution and Politics
Prerequisites for recognition as Leader of Opposition
The Leader of Opposition is defined by the Salaries and Allowances of Leaders of Opposition in Parliament Act, 1977.
According to the Act:
- The Leader of the Opposition is the member of the House who leads the largest party in opposition to the Government and is recognized as such by the Speaker of the House.
- Though there is no explicit rule in the Act that the Opposition party should have at least 10% of the total seats, it has been followed as a practice for the Speaker to recognize a person as the Leader of the Opposition.
Misconception of 10% Rule
- A common misconception is that the Opposition party should have at least 10% of the total seats in the House for the Speaker to recognize its leader as the Leader of the Opposition.
- This rule deals with the recognition of a party for certain facilities in the House and not specifically for the Leader of the Opposition.
- Despite the absence of this rule in the Act, it has been followed for practical reasons.
Constitutional mention
- The Constitution of India does not explicitly mention the post of Leader of the Opposition.
- It is governed by statute and parliamentary traditions.
Order of Precedence
- In the order of precedence, the Leader of Opposition in Lok Sabha and Rajya Sabha comes seventh along with Union Cabinet Ministers, National Security Advisor, Principal Secretary to the Prime Minister, Vice-Chairman of NITI Aayog, former Prime Ministers and Chief Ministers.
Role of Leader of Opposition
- The Leader of Opposition enjoys certain privileges on ceremonial occasions, such as escorting the elected Speaker to the dais.
- The Leader of Opposition also has the right to sit in the front row during the President’s address to both Houses of Parliament.
- An official handbook on Parliament published in 2012 states that the Leader of Opposition in Lok Sabha is considered “a shadow Prime Minister” with a shadow Cabinet ready to take over the administration if the government resigns or is defeated in the House.
- The parliamentary system is based on “mutual toleration”, so the Leader of Opposition lets the Prime Minister govern and in return is allowed to oppose.
- “The active role of the Leader of the Opposition is as important as that of the Government in the smooth functioning of the House.”
- The post of the Leader of the Opposition is officially described in the Salaries and Allowances of Leaders of Opposition in Parliament Act, 1977.
Importance of the Leader of the Opposition in Strengthening Parliamentary Democracy
- The Leader of the Opposition (LOP) serves as the principal spokesperson for the opposition parties in the Lok Sabha.
- This role involves presenting alternative policies, questioning government decisions and ensuring that diverse viewpoints are considered in parliamentary debates.
Participation in key committees
The Leader of the Opposition is a member of several high-level committees that are responsible for the appointment of key officials. These include:
- Director of the Central Bureau of Investigation (CBI)
- Central Vigilance Commissioner (CVC)
- Chief Information Commissioner (CIC)
- Members of the National Human Rights Commission (NHRC)
- Lokpal
These roles ensure that the opposition has a say in key appointments, thereby promoting transparency and accountability in governance.
Ceremonial duties
- The Leader of the Opposition participates in ceremonial functions, such as escorting the elected Speaker to the Chair and attending the President’s address to both Houses of Parliament.
- These duties symbolize the integral role of the opposition in the democratic process.
Facilitating parliamentary functioning
- The Leader of the Opposition plays a key role in ensuring the smooth functioning of Parliament.
- This includes negotiating with the government on the legislative agenda and ensuring that the opposition’s concerns are adequately addressed.
Ensuring accountability and transparency
- A strong opposition is essential to hold the government accountable.
- The opposition is responsible for criticizing the government’s actions and policies By exercising scrutiny, the opposition ensures that decisions are made transparently and in the public interest.
Promoting legislative debate
- The presence of a strong opposition enriches parliamentary debate.
- By presenting alternative viewpoints and challenging government proposals, the opposition promotes broad and well-rounded legislative discussions.
Preventing abuse of power
- The opposition acts as a check on the power of the government, preventing abuse or misuse of authority.
- This balance is vital to the health of a democratic system, ensuring that all decisions are made in a timely manner. • Ensures that no single entity has unchecked control.
Representation of diverse interests
- A vibrant opposition represents a wide range of interests and concerns, ensuring that the voices of different sections of society are heard in Parliament.
- This inclusiveness is vital to a representative democracy.
Promoting effective governance
- By challenging the government and proposing constructive alternatives, the opposition contributes to more effective and responsive governance.
- This dynamism ensures that policies are thoroughly scrutinised and refined before implementation.