Role of opposition leader in the Parliament of India

Why is it in the news ?

1. Shri Rahul Gandhi has been appointed as the leader of the opposition in the Lok Sabha by the Congress Party. This will be also the first time that the Lok Sabha will get a leader in the opposition after ten years. 

2.Congress Party general secretary K.C. Venugopal said that as leader of opposition Shri Rahul Gandhi will be a bold voice for the common people of India and ensure that the NDA government is held firmly accountable at all times. 

3.In the previous two Lok Sabha, the Congress was the largest opposition party but it did not have the requisite numbers, which is 1/10th of the strength of the House. In the 16th Lok Sabha, Congress had 44 MPs while in the 17th Lok Sabha, it had 52. But in the 18th Lok Sabha, Congress party won 99 seats. In India, a single party has to meet the 10% seat criterion, not an alliance. 

History of LOP

1.The post of LOP was not recognised until 1969. When the Congress was split in 1969, Ramshubhag Singh became the first recognised LOP of the Lok Sabha from Congress (O) and Shyamnandhan Mishra in the Rajya Sabha.

2.The post received statutory recognition through the salary and allowances of leaders of the opposition in the Parliament act, 1977. It defines the leader of the opposition in the Lok Sabha or Rajya Sabha which has the greatest numerical strength in the opposition camp and is recognised by the chairman of the Rajya Sabha or the Speaker of the Lok Sabha. 

Status of opposition party leader in the Parliament

1.As the leader of opposition, Shri Rahul Gandhi will get the status of the cabinet minister rank. This will enhance his position in the protocol list and can be a natural claimant to the post of the Prime Minister of the opposition bloc if the government is toppled down in Lok Sabha. As LOP, Shri Rahul Gandhi would be an important member of the key panels for the appointments of CBI director, chief election commissioner and other election commissioners, central vigilance commissioner, the central information commission, the National human rights commission. While the Prime Minister heads all the appointment committees, as a leader of opposition Shri Rahul Gandhi would be an important member of the said appointment committees. 

2.Shri Rahul Gandhi has been an MP for five terms since 2004 and is currently representing Raebareli (UP constituency) in the Lok Sabha. He had also won from Wayanad in Kerala but he resigned and now his sister Priyanka Gandhi Wadra would contest from that constituency.

Role of leader of opposition party in the Parliament

1. To question the Government of the day and hold them accountable on the burning issues.

2.To fix the mistakes of the ruling party.

3.To uphold the best interest of the people of the country. 

4.To warn the government against any drastic action which would jeopardise the national interest. 

5.To check the excesses of the government in Parliament. 

6.To make coordination with the government and to support the government in case of foreign aggression. 

7. Constructive criticism of the government.

8.Putting restrictions on arbitrariness of the government in Parliament. 

9.Safeguarding liberty, equality and fraternity and promoting social, political and economic justice.

10.Expression of public opinion in the Parliament.

11.Preparation to form an alternative government in case the government in power fails  to muster majority in the Lok Sabha or the government is defeated on the floor of the House while passing an important bill. 

12.The role of the leader of the opposition party is one of responsibility. He watches for encroachment on the rights of minorities and demands debates when the government is trying to slip away without parliamentary criticism. He must be familiar with all the tricks of a skilled parliamentarian. It is excellent training for the future occupants of the treasury bench. 

13.According to Herald Macmillan, the role of leader of opposition is to criticise, to find fault and to develop his own alternative proposals and policies. While he remains a critic, he must in a sense be a partner and even a buttress of the government to which he opposes whenever there is a foreign danger or when security and safety is affected. This dual responsibility, he must discharge with fidelity.

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Parliament

This is the list of current opposition parties in the Parliament of India:

House	Party	Seats	Total seats
Lok Sabha	Indian National Congress	99	543
Rajya Sabha	Indian National Congress	29	245

Legislative Assemblies

This is the list of current opposition parties in the Legislative Assemblies of the Indian states and union territories:.

State/UT	Party	Seats	Total seats
Andhra Pradesh	NDA (164) TDP (135) JSP (21) BJP (8) Official Opposition Vacant Other Opposition (11) YSRCP (11) (no opposition with at least 10% seats)	–	175
Arunachal Pradesh	BJP (46) Confidence and supply (13) NPP (5) NCP (3) PPA (2) IND (3) Official Opposition Vacant Other Opposition (1) INC (1) (no opposition with at least 10% seats)	–	60
Assam	Indian National Congress	26	126
Bihar	Rashtriya Janata Dal	79	243
Chhattisgarh	Indian National Congress	35	90
Delhi	Bharatiya Janata Party	8	70
Goa	Indian National Congress	3	40
Gujarat	NDA (163) BJP (161) IND (2) Opposition (17) INDIA (17) INC (12) AAP (4) SP (1) Vacant (2) Vacant (2) (no opposition with at least 10% seats)	-	182
Haryana	Indian National Congress	30	90
Himachal Pradesh	Bharatiya Janata Party	25	68
Jharkhand	Bharatiya Janata Party	26	81
Karnataka	Bharatiya Janata Party	66	224
Kerala	Indian National Congress	21	140
Madhya Pradesh	Indian National Congress	66	230
Maharashtra	Indian National Congress	45	288
Manipur	NDA (53) BJP (37) NPP (7) NPF (5) JD(U) (1) IND (3) Opposition (7) INC (5) KPA (2) (no opposition with at least 10% seats)	–	60
Meghalaya	Indian National Congress	5	60
Mizoram	Mizo National Front	10	40
Nagaland	DAN (60) NDPP (25) BJP (12) NCP (7) NPP (5) LJP(RV) (2) RPI(A) (2) NPF (2) IND (5) (no opposition with at least 10% seats)	–	60
Odisha	Biju Janata Dal	51	147
Puducherry	Dravida Munnetra Kazhagam	6	33
Punjab	Indian National Congress	18	117
Rajasthan	Indian National Congress	69	200
Sikkim	SKM (29) Official Opposition Vacant Other Opposition (1) SDF (1) Vacant (2) Vacant (2) (no opposition with at least 10% seats)	–	32
Tamil Nadu	All India Anna Dravida Munnetra Kazhagam	65	234
Telangana	Bharat Rashtra Samithi	39	119
Tripura	Communist Party of India (Marxist)	10	60
Uttar Pradesh	Samajwadi Party	111	403
Uttarakhand	Indian National Congress	19	70
West Bengal	Bharatiya Janata Party	70	294

Legislative Councils

This is the list of current opposition parties in the Legislative Councils of the Indian states:

State	Party	Seats	Total seats
Andhra Pradesh	YSR Congress Party	39	58
Bihar	Rashtriya Janata Dal	14	75
Karnataka	Bharatiya Janata Party	35	75
Maharashtra	Shiv Sena (Uddhav Balasaheb Thackeray)	12	78
Telangana	Bharat Rashtra Samithi	27	40
Uttar Pradesh	Samajwadi Party	10	100

Conclusion

1.The leader of opposition holds an important position in the parliamentary democracy in India. There may be several opposition parties in Parliament but the leader of the largest opposition party in either House of the Parliament, having 10% strength of the total effective seats of each House of the Parliament, is recognised as the leader of the opposition. This office arose out of the practice in England. In England, His Majesty’s opposition is His Majesty’s alternative government and so the leader of opposition is almost His Majesty’s alternative Prime Minister.  

2.Similar situation obtains in India where leaders of opposition in Lok Sabha and Rajya Sabha and also in state assemblies and state councils act as watchdogs. It is the responsibility of the leaders of opposition to safeguard the rights and liberties of common people, to warn the government whenever the country faces external threats or when the economic interest of the country is being compromised.  Thus, the leader of opposition in Lok Sabha is only next in importance to the Prime Minister in the Parliamentary democracy of India. 

Powers and Functions of the Speaker of Lok Sabha.

 

Why is it in the news ?

1.After the general election, there is a provision to elect a member of Lok Sabha as the Speaker from amongst its members. The election of the Speaker is scheduled on 26th June 2024. Before the election of the Speaker, Bhartruhari Mehtab was appointed as pro-tem speaker by the President of India.  His function would be to administer oath/ affirmation to the newly elected members of the 18th Lok Sabha and to conduct the election of new Speaker. 

2.Although there is no provision of the pro-tem Speaker in the constitution, the handbook on the working on Parliamentary affairs mentions appointment and swearing-in of pro-tem Speaker. By convention, it is the senior most MP who has served maximum terms in the Lok Sabha should be appointed as the pro-tem Speaker. Congress objected to the appointment of Mr. Mehtab who is the seven time member of Lok Sabha. While K. Suresh from the Congress is the eighth time member of Lok Sabha.  Congress alleges that the convention of appointing MP with maximum terms in Lok Sabha has been thus broken. 

Election of the Speaker - 

1.According to article 93, Lok Sabha chooses Speaker and Deputy Speaker from among its members. All the Speakers in the independent India have been elected unopposed. 

2.The Speaker is elected by the members of the Lok Sabha by simple majority. He can be removed by the effective majority of members of the Lok Sabha, present and voting. This means that according to article 92 of the constitution, the Speaker can be removed by an effective majority +1. Effective majority means total strength minus vacancies. For example, if the Lok Sabha has a total strength of 550 members and if there are 7 vacancies, the effective strength would be 543 members. In order to remove the Speaker 271+1 = 272 members must vote against him. But prior to moving the resolution for the removal of the Speaker, a 14 days advance notice must be issued to him to this effect. Normally, a ruling party member is elected as Speaker. But during the period of coalition government, a member from other parties can also be elected as the Speaker. 

3.The Speaker can also be removed on being disqualified from being a Lok Sabha member under section 7 and 8 of the Representation of People’s Act, 1951. 

4.He can also tender his resignation on his own to the Deputy Speaker of the Lok Sabha. 

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Power and Functions of the Speaker-

1.He enforces discipline and decorum in the House. 

2.He decides the agenda for Parliamentary meetings.

3.He permits motions such as adjournments, no confidence and censure. 

4.He ensures quorum (the presence of 1/10th members of the House) of the House. If quorum is not available, he adjourns the House.

5.He has the power to punish members who indulge in unruly behaviours. 

6.He constitutes several committees like business advisory committee, rules committee and general purpose committee and these committees work under his supervision. 

7.He is the guardian of the rights and privileges of the House, its committees and members. It is his sole privilege to refer a question of the breach of privilege to the Committee of Privilege for proper inquiry and report. 

8.The Speaker is the head of the Lok Sabha Secretariat. He manages the administrative and security arrangements of the Parliament complex. 

9. He is the sole authority to decide whether a bill is a money bill or not. 

10.In case of deadlock between two Houses in respect of ordinary bills, he is empowered to preside over the joint sitting of Parliament under article 108 of our constitution. 

11.In the case of Kihoto Hollohan vs Zachilhu, 1993, the Supreme Court of India held that the decision of the presiding officer is not final and is subject to judicial review on the basis of malafide and perversity. 

12.In Nabam Rabia vs Deputy Speaker case,2016, the Supreme Court of India held that the Speaker will be disabled from deciding disqualification petition under anti defection law, if notice for his removal is pending. 

13. Similarly, in 2023, the Supreme Court in Subhash Desai vs Principal Secretary, Governor of Maharashtra case, 2023, directed the Maharashtra assembly Speaker to set a timeline for the disqualification of the MLAs. 

14. Similarly, in 1994, the Supreme Court of India held that a majority can be tested only on the floor of assembly and not otherwise. 

Speakers of Lok Sabha 1.G V Mavlankar - 15 May 1952 to 27th February 1956. 2.M A Ayyangar - 8th March 1956 to 10th May 1957, 11th May 1957 to 16th April 1962. 3.Sardar Hukam Singh - 17th April 1962 to 16th March 1967 4.Neelam Sanjiv Reddy - 17th March 1967 to 19th  July 1969 5.Gurdayal Singh Dhillon - 8th August 1969 to 19th March 1971, 22nd March 1971 to 1st December 1975. 6.Baliram Bhagat - 15th January 1976 to 25th March 1977. 7.Neelam Sanjiva Reddy - 26th March 1977 to 13th July 1977. 8. K S Hegde - 21st July 1977 to 21st January 1980. 9.Balram Jakhar - 22nd January 1980 to 15th January 1985, 16th January 1985 to 18th December 1989. 10.Ravi Rai - 19th December 1989 to 9th July 1991. 11.Shivraj Patil - 10th July 1991 to 22nd May 1996. 12.P A Sangma - 23rd May 1996 to 23rd March 1998. 13.GMC Balayogi - 18th March 1998 to 19th October 1999, 22nd October 1999 to 3rd March 2002. 14.Manohar Joshi - 10th May 2002 to 2nd June 2004. 15.Somnath Chatterji - 4th June 2004 to 30th May 2009.  16. Mira Kumar - 30th May 2009 to 4th June 2014. 17. Sumitra Mahajan - 6th June 2014 to 16th June 2019. 18.Om Birla - 18th June 2019 to till date.

Important issues associated with the office of the Speaker  -

1.It is alleged that the Speaker favours his party men in Lok Sabha. 

2.He misuses discretionary powers while deciding money bills and political defections.

3.He is also criticised for restricting debates and discussions to favour the ruling party. 

4.He is also charged with putting party interest above national interest. 

5.He is also accused of adopting the tactics of gerrymandering to favour  the ruling party by putting bills on vote without discussion in the Parliament. 

6.He is also accused of putting a bill on vote without sending it to the select committee for proper discussion and deliberation by the opposition parties. For example, three farm laws were passed by the Lok Sabha in hurry and when the farmers agitated for one year long, the Government had to withdraw the bill. 

The Independence and impartiality of the Speaker -

1.Our constitution has secured the independence and impartiality of the Speaker by giving him a security of tenure. This means that the resolution for his removal can be moved in the Lok Sabha only after the support of 50 members and a 14 days advance notice to this effect. 

2.Secondly, his salaries and allowances are charged upon the consolidated fund of India and are therefore, non votable in the Parliament. 

3.His powers to regulate the procedure of conducting business in the Lok Sabha cannot be subject to judicial review. 

4.He cannot vote in the Lok Sabha but in case of tie, he has the right to cast his vote. 

5.In the order of precedence, he is placed at the sixth rank along with the chief justice of India and is thus above cabinet ministers except the Prime Minister and the Deputy Prime Minister.

Way Forward

1.The Speaker is a bridge between the government and the opposition. He is duty bound to uphold democratic process by ensuring adequate space both to the ruling party and the opposition parties. Once elected as the Speaker, he should resign his parent party and should work as neutral referee in the House like the Speaker of the House of the commons in Britain. In matters relating to disqualification of a member from the House under the anti-defection law (under tenth schedule) and in deciding a particular bill as a money bill, he should show non- partisanship. 

2.It is his primary duty that bills introduced by the Government must be adequately discussed in the House so that there should not be any lacunae left. And therefore, the bills should be referred to the select committee for proper deliberation. But this trend has been reversed in the previous Lok Sabha. The numbers of referred bills to select committees have declined from 71% during 2009-14 to 16% during 2019-24. 

3.The Speaker should also refrain from suspending large scale MPs. In the 17th Lok Sabha, the Speaker suspended more than 150 MPs. This is not a good sign of healthy democracy. After all, democracy is a government of deliberations and discussions. 

Conclusion

1.Parliamentary debates and deliberations are guided by the Speaker of the Lok Sabha. 

2.He should set the highest standard in public life by working in a non-partisan way. 

3. Since he is one of the pillars of parliamentary democracy in India, he should be above party politics and should strengthen the democratic process in India.