Cong asks Speaker to take ‘fair and impartial’ decision
The Congress on Saturday accused the BJP of “trying to pressurise” the Speaker on the leader of the Opposition (loP) issue and hit out at Attorney General Mukul Rohatgi saying his opinion on the matter was aimed at “pleasing the political masters” and was “not worth the paper on which it is written”.
Accusing the Government of ‘trying to pressurise’ Speaker Sumitra Mahajan, former Union Minister and Congress spokes-person Anand Sharma urged her to take a “fair and impartial” decision in the matter. He pointed out that there is a clear-cut law regarding the loP, which was passed in 1977 and amended in 2003. “It clearly states that the party with the largest number of members on the Opposition side should get the loP’s post,” Sharma added.
The AG has opined that the Congress is not entitled to the loP’s post as it does not have the required 10 per cent (55) seats in the 543-member lok Sabha. The Congress has only 44 seats. There is no precedence to back its case since the days of the first lok Sabha, the AG has conveyed his views to the Speaker.
However, Sharma maintained that it is unfortunate that the AG has given an opinion to please his political masters and that the law is clear on the question of the loP with no stipulation over a party needing to have at least 10 per cent of the membership of the House.
“The AG is just providing an apology for the blatantly partisan approach of a confrontational Government. I do not know to which law the AG has referred with regard to the loP. The AG is expected to have a better understanding of law and statutes not to give such an opinion, which belittles his office,” he said.
Maintaining that the appointments in which the loP’s role is mandated would get “vitiated” if made in the absence of the representative of the Opposition, Sharma said that the party has not ruled out the possibility of approaching the courts if it is denied the post.
“We hope that the Speaker will reject this opinion, which is just to please the executive, and do what is correct. This is a test for the Speaker and for Indian parliamentary democracy,” Sharma added.
“Speaker’s ruling, directives or for that matter any subordinate legislation cannot modify, cannot override and cannot dilute this law. There is no law which says otherwise,” he said.
Asked whether the Congress will move court if denied the post, Sharma said, “There are other ways as well. Whatever remedies are available to the Congress, we will use that. Either the country will run as per the law or its manmaani that needs to be decided.”
When told the BJP is arguing that the absence of the loP will not make any difference as such, Sharma said it was a sign of “mental bankruptcy” and “legal illiteracy”.
He also rejected the contention that there was no loP on many occasions in the past when Congress was in power, saying there was no point citing examples from 30 years ago. Claiming that every attempt is being made to deny the loP’s post to the Congress, Sharma said if that was done, it would be “in direct conflict with law”. Congress deputy leader in lok Sabha Capt Amarinder Singh said the party would meet shortly to carve its strategy on the issue.