While the ruling BJP and the Congress party have fought over the Leader of Opposition’s (LoP) post in the recent past, the Supreme Court on Friday stressed on the position’s importance in governance and agreed to interpret it.
In a major ruling, the apex court said, “The LoP is very important component (under Lokpal law) and needs objective consideration.”
The highest court, while agreeing to interpret LoP provision for purpose of appointment of Lokpal in which it is a selection committee member, said, “The issue cannot be prolonged and the act cannot be put in cold storage.”
Further highlighting the importance of LoP, the Supreme Court said that “it conveys the voice different from the government in the House, hence it can’t be overlooked.”
The apex court also posted the matter for final hearing on September 9.
The apex court made its observations days after Lok Sabha Speaker Sumitra Mahajan formally rejected the Grand Old Party’s demand to allot LoP in the Lok Sabha, saying the post can’t be given to them as it does not have the required number of seats.
“LoP position can’t be given to them. Decision is based on precedence, even the Attorney General Mukul Rohatgi agrees with it,” the Speaker was quoted as saying by an English news channel.
Mahajan, however, said that the House can change the rules regarding recognising the LoP in the absence of any party getting the minimum ten per cent of the total strength for the purpose.
“The Speaker does not have any personal discretion. A Speaker is supposed to follow rules. I have to go by rules. There are ‘Directions for the Speaker’ which mandate ten per cent strength for a party in Lok Sabha to be recognised as Leader of the Opposition,” she had said.
“If anybody wants a change in them then a committee can be formed to look into them. But I need to follow the rules. I cannot do any thing on this,” Mahajan had said.
The Congress party later reacted sharply to the decision taken by the LS Speaker and its senior leader Shakeel Ahmad said, “We won’t say Speaker was politically motivated but how did BJP leaders know the outcome of LoP issue beforehand.”
Congress could merely bag 44 seats in the 543-member Lok Sabha and fell short by 11 to be granted the LoP post which requires a strength of 55.
However, Congress claimed that the pre-poll alliance of UPA had secured 56 seats and, therefore, it had the right to be the Leader of the Opposition.
The LoP is a Cabinet-rank post and is part of important committees headed by the Prime Minister, which are in charge of selecting key appointees like the national ombudsman, the Lokpal, and the Chief Vigilance Commissioner.
