Lok Sabha Election Result: Who will become the leader of the opposition, know how many votes are needed and why this post is important

New Delhi: The question of how many seats are needed for the Leader of the Opposition has been very important? This time Congress has got about 100 seats. This time the post of Leader of the Opposition will be given to the leader of the Congress Parliamentary Party in the Lok Sabha. In the last two Lok Sabhas, Congress was behind by 55 seats and due to this they could not get the status of Leader of the Opposition. There is also a debate on where the rule of 10% of the total number of seats for the Leader of the Opposition came from and what are the legal complexities related to this.

10% marks are not necessary under the 1977 law

Legal expert and former Lok Sabha Secretary General PDT Acharya has a different opinion about the Leader of Opposition. he/she says that the leader of the largest party among the opposition parties gets the status of Leader of Opposition. In this regard, however, it is prevalent that to become the Leader of Opposition, the largest opposition party needs at least 10 percent of the total seats, i.e. 55 seats. But former Lok Sabha Secretary General Acharya does not consider it mandatory. According to him/her, the Parliamentary Act 1977 defines the salary, allowances etc. of the Leader of Opposition. The Leader of Opposition is defined in Section 2 of the Act. Under this, it is said that the Leader of Opposition is the leader of the opposition party and the Speaker of the Lok Sabha recognizes the leader of the opposition party which has the highest number of members in the Lok Sabha as the Leader of Opposition. It is not written anywhere in this Act that the Leader of Opposition should have 10 percent of the total number of seats, i.e. 55 seats. In fact, in the case of the Leader of Opposition, it has become a practice that it should be 10 percent of the total number of seats. Acharya says that after the first general election, the speaker had made guidelines and said that there should be 10 percent number for the leader of opposition and it was considered equal to quorum. There should be 10 percent number for quorum also. In the definition that was decided after the 1977 Act, it was not mandatory but still it is in practice and due to not getting 10 percent seats, in the last two Lok Sabha terms, Congress was not able to get the status of Leader of Opposition for its leader in Lok Sabha.

Earlier Speaker Mavlankar had decided the 10% rule

The issue of the Leader of the Opposition is very old. Lok Sabha was formed after the first general election in 1952 and then a rule was made to give the status of Leader of the Opposition after getting 10 percent seats. For this, the then Lok Sabha Speaker GV Mavalankar had set a rule under Order Number 120-123 that 10 percent seats are required for the Leader of the Opposition. But after this, when the law was made in 1977, the said instruction lost its importance. In 1977, the Leader of the Opposition Salary Allowance Act was passed. It said that the one who has the highest number of members will be considered the leader of the opposition party.

On the advice of the Attorney General, Speaker Mahajan did not give the status of Leader of Opposition to the Congress

But when Congress got 44 seats in the 16th Lok Sabha, the then Speaker of Lok Sabha Sumitra Mahajan refused to give the status of Leader of Opposition to the Congress leader in Lok Sabha. For this, the Speaker had consulted the Attorney General. The Attorney General examined the 1977 law and then giving his/her opinion, said that the matter of giving the status of Leader of Opposition to the opposition party does not come under the purview of the Leader of Opposition Salary Allowance Act in Parliament and said that the right to give this status lies with the Lok Sabha Speaker. After this, the Congress leader in Lok Sabha did not get the status of Leader of Opposition and the same situation prevailed in the 17th Lok Sabha as well and then Congress did not stake claim to the post of Leader of Opposition due to having 52 seats.

The Leader of the Opposition is a member of many selection committees, hence his/her importance

Although the interpretation of the law is at its place, this time that debate has lost its meaning because the Congress figure has gone far beyond 55 seats. But this time Congress has reached close to 100, in such a situation their leader will also get the post of Leader of Opposition in Lok Sabha and after that he/she will be able to put his/her point strongly in the House. Also, their leader will be in all the committees in which the Leader of Opposition is a member and will be able to play a constructive role in a concrete way. Whether it is the collegium formed for the appointment of the CBI director or the appointment of the Election Commissioner and the Chief Election Commission or the high power committee formed for the appointment of the Lokayukta, the voice of the opposition will be vocal because in all these shortcomings, the Leader of Opposition will also be with the PM and the voting of the Leader of Opposition will prove to be important.