While the Delhi BJP is smarting from humiliating defeat in the recent Assembly polls, prospect of getting leader of Opposition post comes as a ray of hope. The party on Wednesday elected its MlA from Rohini and former Delhi BJP president Vijender Gupta as its leader of the legislative party. Despite having just three MlAs in 70-member Delhi Assembly, the saffron party can get a leader of Opposition post, unlike in the lok Sabha, as the loP Act for NCT of Delhi does not specify any specific number of MlAs for the post.
According to constitutional experts, there is no requirement of at least “seven” MlAs to become the leader of Opposition. The Act vaguely states that the next party with the highest MlAs can unanimously elect a leader of Opposition and it solely depends on the Speaker to accept it or not. “It is a myth that a party needs to have at least seven MlAs in the Delhi Assembly to qualify for the position of the leader of Opposition. Such a law exists only in the lok Sabha where one-tenth of the total strength is mandatory for the loP post,” said SK Sharma, former Secretary of the lok Sabha and Delhi Assembly.
However, with just three MlAs, first-time MlA Vijender Gupta will not be able to move “Adjournment Motion”. As per the norms, the Opposition party would require at least one-fifth of the total strength or 14 MlAs in Delhi Assembly to move Adjournment Motion. According to experts, the adjournment motion is a matter of right for the Opposition party but inadequate strength would deprive the BJP of this privilege.
As the party elected him as the leader of its legislative party, Gupta said, “We will strongly oppose any kind of hike in water tariffs. We will raise his voice against any decision of the Government that compromises the interest of Delhi people and strongly oppose any action of AAP-led Government that violates the sanctity of the Indian Constitution or makes mockery of the democratic institutions.”