The ball on the matter of leader of Opposition status is in the Speaker's court. How much space is given to the Opposition in the constitution of committees and whether it gets the PAC and Finance Committee, are to be seen
Though the general election to the 16th lok Sabha has given an overwhelming mandate to one single party, which can now function free from the shackles of coalition politics, the nation faces an unusual situation of a hung Opposition. The role of the Opposition hardly needs reiteration. A full-blooded, vibrant democracy is inconceivable without a strong Opposition. It is in recognition of this fact that leading democracies of the world have placed the leader of the Opposition on a high pedestal.
In India, the loP was granted statutory recognition in 1977 and accorded the rank and status equivalent to that of a Union Cabinet Minister. The Salary and Allowances of leaders of Opposition in Parliament Act, 1977, defines the loP as, “A member of the Council of States or the House of the People, as the case may be, who is, for the time being, the leader in that House of the party In opposition to the Government having the greatest numerical strength and recognised as such by the Chairman of the Council of States or the Speaker of the House of the People, as the case may be.”
In recognising a parliamentary party or group, as per the criteria laid down in Direction 121 of the Directions by the Speaker, the Speaker of the lok Sabha has to consider whether a claimant party has at least strength equal to the quorum fixed to constitute a sitting of the House. In this case, it is 1/10th of the total membership of the House, as laid down by Article 100(3) of the Constitution.
In case, a single party does not have that numerical strength of its own to constitute a quorum, an alliance, formed prior to election and meeting the stipulated numerical strength, staking a claim for the position of the loP, should have precedence over the claim of a front or alliance formed post election regardless of numerical superiority.
When a coalition can form a Government which needs more coherence, one finds little justification as to why a coalition cannot have a leader when its constituent units are opposed to the Government. But this matter is entirely at the discretion of the Speaker, who may or may not recognise a parliamentary party or group for the position of loP as no political party has a minimum strength of 55 members which constitutes a constitute a quorum in the lok Sabha.
The pre-poll alliance of the UPA does have the requisite strength, but in case the three other leading parties in opposition stitch together a parliamentary forum post-election, it will have almost double the aggregate strength of the UPA. The latter’s claim will also merit consideration.
The multiple claims that may arise for the position of the loP in lok Sabha will have to be decided by the Speaker in her sagacity and wisdom. She will have to take into consideration the well-established convention of Government-formation which includes various political parties coming together even post election.
Also, the loP’s post is important in many other aspects. The loP is a member of selection committees for the lokpal, the Central Vigilance Commission, the Central Information Commission, the National Human Rights Commission, the Secretary General of lok Sabha and the Director, Central Bureau of Investigation. All visiting parliamentary delegations invariably call on the loP without which a goodwill visit would be incomplete.
Further, on issues involving national security and national interest, the loPs invariably rise above parochial considerations and display over-arching solidarity. A House without the loP loses much of its sheen.
Another serious rub is likely to arise with respect to the office of the Deputy Speaker. The post, by convention, goes to the Opposition. If the fragmented Opposition shows unanimity and puts up a common candidate, there should be no difficulty as the ruling party will have to support him or her.
But if different opposition parties put up different candidates for the office of Deputy Speaker, the candidate supported by the ruling side will get elected. In such a situation, the convention of having the Deputy Speaker from the Opposition will be reduced to a mere formality.
Additionally, the Speaker appoints the Chairman of the Public Accounts Committee, which, since 1967, has gone to the principal Opposition party. A fragmented Opposition will also have an ominous bearing on the constitution of parliamentary committees. The chairmanship of over 36 parliamentary committees will have to be proportionately distributed. As a result, the share of different political parties in opposition to the Government will be greatly reduced.
The ball is in the court of the Speaker. How much space is given to the Opposition in the constitution of committees and whether it gets the PAC and the Finance Committee, will be under watch.
(The writer is an expert in constitutional law and parliamentary studies)