Context:

The 2024 general election bring forth numerically largest Opposition in the Lok Sabha, possibly the largest in its history with over 234 seats, intensifying the debate on the Leader of Opposition.

Historical Significance

• Direction 121
  • In the 16th and 17th Lok Sabhas, there was no Leader of the Opposition (LoP) because, under a direction of the Speaker issued in the 1950s, a party needed at least 10% of the House's members to be recognized (Direction 121). This direction was initially issued for recognizing parliamentary parties to provide them with certain facilities in Parliament but did not deal with the recognition of the LoP.
• Salary and Allowances of Leaders of Opposition in Parliament Act, 1977
  • Later, Parliament enacted the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977, defining the LoP as “the Leader in that House of the party in opposition to the Government having the greatest numerical strength and recognized as such by the Chairman of the Council of States or the Speaker of the House of the People.”
  • The Act requires two conditions for recognizing a LoP: the party must be the largest in opposition, and it must be recognized by the Speaker as a party. This meant a party needed at least 10% of the House's strength, which the Congress parliamentary party in 2019 did not meet with only 52 members.
• 10^th Schedule
  • The enactment of the 10th Schedule has rendered the categorization of parties into parties and groups by the Speaker/Chairman (Lok Sabha/Rajya Sabha) irrelevant, as the term ‘group’ is not recognized by the Schedule.

Role and Significance of the Leader of the Opposition

• The post of Leader of the Opposition in the Lok Sabha holds great political significance. In the British parliamentary tradition, the LoP is considered the Prime Minister-in-waiting and forms a shadow cabinet to scrutinize government policies and offer alternatives.
• Although India adopted the Westminster system, it does not practice forming a shadow cabinet. The post of LoP in the Indian Parliament, a statutory position since 1977, does not define the LoP's functions.
• Traditionally, the LoP is a senior member of the principal Opposition commanding respect and wider acceptability among Opposition parties. The Leader of the Opposition represents the views and interests of those outside the ruling party, ensuring diverse voices are heard in the democratic process.

Challenges for the Leader of the Opposition

• Divergent Ideologies of Opposition Parties
  • The Opposition in the Indian Parliament is composed of multiple parties with divergent ideologies, making the role of the LoP challenging. The LoP has no power compared to the ruling party, which can attract other parties through power-sharing arrangements. The role of the Opposition is to criticize the government and seek to replace it.
• Hard to Challenge Ruling Party with Majority
  • Holding the government accountable for its actions requires effective scrutiny and criticism, which can be difficult when the ruling party has overwhelming support. The last 10 years saw a lean Opposition unable to mount serious challenges against the government, which enjoyed a large majority.
• Resource Constraint
  • The LoP must swiftly address emerging issues and crises, often with constrained information and resources. The Opposition generally has fewer resources than the ruling party, which can hinder its effectiveness in research, policy development, and public outreach. Ensuring an open and effective communication channel with the Prime Minister and other government officials is essential but often challenging.

Responsibilities and Opportunities

• Responsible in a Dynamic Political Landscape
  • The Leader of the Opposition should capture the new mood of the Opposition, presenting views effectively in the House. The leader is responsible for critically examining government policies and actions to ensure they are in the public’s best interest.
  • The LoP must unify the Opposition and inform the nation about government failures responsibly. The opposition presents alternative policies, providing the electorate with choices and fostering healthy debate within Parliament.
• Strengthening Democracy
  • The LoP has primacy in debates and interventions, with the Speaker permitting interventions without notice. The British tradition of the Prime Minister directly informing the LoP about major policy initiatives can strengthen Indian democracy. Nehru’s traditions of engaging with the Opposition and being present during Question Hour highlight the importance of listening to the Opposition to understand the country's real situation.
• Upholding Accountability
  • The Leader of the Opposition holds the government accountable for its actions, highlighting any misuse of power or discrepancies. The leader upholds democratic values, ensuring that the government respects the Constitution and the rule of law. Additionally, the opposition represents the views and interests of those not in the ruling party, ensuring that all voices are heard in the democratic process.

Conclusion

In India, following healthy traditions and learning from past parliamentary practices can strengthen democracy. The Leader of the Opposition in the 18th Lok Sabha must restore normalcy in Parliament and highlight government failures, as mandated by the 2024 general election verdict. The main function of the LoP is to constantly remind the ruling Benches of the need to normalize Parliament, ensuring effective governance and democratic accountability.

Source: The Hindu