Denial of LoP status to Congress illegal, can be challenged in court: Abhishek Singhvi

5 min read
  1. Congress leader has said that the single largest party in Lok Sabha deserves the post of Leader of Opposition(LoP).He alleged that the rule cited to deny the LoP post to Congress was unconstitutional.
  2. Leader of Opposition is a statutory office provided for in the Salary and Allowances of Leaders of Opposition in Parliament Act,1977.
  3. The act says that (a)the leader of the party in opposition to the government which has the greatest number becomes the Leader of the Opposition and (b)Speaker needs to recognise him/her as the Leader of the Opposition.
  4. But the rule that a party should have at least 10% of the members of the House for the Speaker to recognise someone as the Leader of the Opposition is not part of this act.
  5. However,G V Mavalankar who is the first Lok Sabha Speaker had said that the main opposition party’s strength must equal the quorum which is 10% of the total strength.
  6. This point was later incorporated in Direction 121(1) of the Directions by the Speaker, Lok Sabha and Leaders and Chief Whips of Recognised Parties and Groups in Parliament (Facilities) Act of 1998.

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