Opposition’s larger demography, LoP’s big responsibility
Source: The Hindu
For Prelims: Speaker of Lok Sabha, Chairman of Rajya Sabha, 10th Schedule
For Mains: GS II-Leader of the Opposition (LoP), Salary and Allowances of Leaders of Opposition in Parliament Act, 1977
Highlights of the Article
Leader of Opposition (LoP)
10th Schedule of Constitution
Westminster system of government
Context:
The 2024 general election is historic in as much as it resulted in the numerically largest Opposition in the Lok Sabha. It is perhaps the largest in the history of the House. With the Opposition securing over 234 seats, one also saw the debate on the Leader of the Opposition (LoP) come alive. In the 16th and 17th Lok Sabhas, there was no LoP because under a direction of the Speaker issued in the 1950s, in order to get recognition as a party in the House, it should have a minimum of 10% members in that House (Direction 121)
UPSC EXAM NOTES ANALYSIS
1. Leader of Opposition (LoP)
- The definition outlines two conditions that must be met for someone to be recognized as the Leader of the Opposition (LoP).
- Firstly, the party must be the largest in opposition to the government. Secondly, it must be recognized as a party by the Speaker.
- The Speaker can only recognize a party if it holds at least 10% of the seats in the House. Therefore, only a party with this minimum strength can claim the LoP position.
- If a party has less than 10% of the seats, it is categorized as a group and cannot claim the LoP post.
- For instance, in 2019, the Congress party, with 52 members in the Lok Sabha, fell short of the 54-member threshold and thus could not secure the LoP position.
- This rule was initially established to grant certain facilities to parliamentary parties but did not address LoP recognition directly.
- In 1977, the Parliament passed the Salary and Allowances of Leaders of Opposition in Parliament Act, defining the LoP as the leader of the opposition party with the greatest numerical strength, recognized by the Speaker or Chairman.
- However, the 10th Schedule, enacted later, made the distinction between parties and groups irrelevant, as all parties are simply "parties" under this schedule, and the term "group" is not used.
- Consequently, the Leaders of Opposition Act should have been updated to allow the Speaker to recognize the leader of the largest opposition party, regardless of its size. Despite this, the leader of the Congress party is now the Leader of the Opposition in the 18th Lok Sabha
2.Westminster system of government
- The position of the Leader of the Opposition in the Lok Sabha holds significant political importance. In the British parliamentary tradition, this individual is referred to as the "Prime Minister-in-waiting," as the monarch turns to them to form an alternative government if the current one collapses.
- Consequently, the Leader of the Opposition forms a shadow cabinet with their party colleagues, a notable feature of the Westminster system of government.
- The shadow cabinet, led by the Leader of the Opposition, is known as the shadow prime minister. This cabinet scrutinizes government policies and actions and proposes alternative policies. It is called the shadow cabinet because its members mirror the roles of the actual cabinet members.
- These opposition members, as part of the shadow cabinet, become thoroughly acquainted with government operations and can request all relevant information about government activities.
- Erskine May, a renowned authority on the parliamentary system, states that the Leader of the Opposition and key colleagues form a group known as the "Shadow Cabinet," where each member focuses on specific areas to critique government policies and administration and propose alternatives.
- Although India has adopted the Westminster system, the practice of forming a shadow cabinet does not exist in its Parliament or State legislatures.
- The position of the Leader of the Opposition in the Indian Parliament has been a statutory role since 1977, but the statute does not define the functions of the Leader of the Opposition.
- Traditionally, this role is held by a senior member of the principal opposition party in the House, someone who commands great respect and has broad acceptance among opposition parties
3. Significance of Leader of Opposition in Democracy
- The Leader of the Opposition plays a crucial role in holding the government accountable. By scrutinizing government actions and policies, they ensure transparency and prevent abuse of power. This role is vital for a healthy democratic process where checks and balances are essential.
- The Leader of the Opposition, often heading a shadow cabinet, offers alternative policies and solutions to those proposed by the government. This ensures that there is a constant dialogue and comparison of policies, which can lead to better governance and more informed decision-making
- The Leader of the Opposition represents the views and concerns of a significant portion of the electorate who did not vote for the ruling party. This representation is crucial for the inclusivity and responsiveness of the democratic system
- By challenging the government and engaging in debates on various issues, the Leader of the Opposition promotes healthy political discourse. This debate is essential for the functioning of a vibrant democracy where diverse opinions are considered
- The presence of a strong Leader of the Opposition ensures a balance of power within the legislature. They can prevent the dominance of the ruling party and ensure that different viewpoints are considered in the policymaking process
- The Leader of the Opposition plays a vital role in the legislative process. They are involved in parliamentary committees, contribute to debates, and influence the legislative agenda. This involvement ensures that legislation is thoroughly examined and debated before being passed
- The Leader of the Opposition symbolizes the democratic principle that the government is not absolute and must be subject to oversight and challenge. This role embodies the essence of democracy where multiple voices and perspectives are valued
- In many parliamentary systems, the Leader of the Opposition is seen as the "Prime Minister-in-waiting." This provides a clear line of succession and can contribute to political stability by ensuring that there is always a ready alternative government
- The Leader of the Opposition can facilitate cooperation and consensus on critical national issues. By engaging with the government on matters of national interest, they can help forge agreements that go beyond partisan lines
- Through their actions and speeches, the Leader of the Opposition raises public awareness about key issues. This engagement helps to inform and involve the electorate in the political process, fostering a more participatory democracy
4. Challenges
- Given that the Indian Parliament's Opposition consists of various parties with different ideologies and programs, the Leader of the Opposition faces significant challenges. One of the main issues is the lack of power.
- Unlike the ruling party, which can attract other parties through power-sharing arrangements, the opposition is primarily united by their opposition to government policies and programs, and sometimes by the hope of toppling the government. Traditionally, the Opposition's role is to "oppose the government, criticize it, and seek to replace it."
- In the past decade, the Lok Sabha has had a weak Opposition that struggled to challenge the government effectively. The ruling party's large majority and dominant stance often left the Opposition feeling powerless.
- However, the 2024 general election has significantly altered the political landscape and the composition of the House. For the first time, the Lok Sabha has a substantial Opposition presence, with over 234 Members, making the House nearly evenly split.
- This shift has boosted the Opposition's morale, allowing them to influence the House's proceedings more effectively.
- This influence will be evident in the admission of questions, the content of answers, debates on Bills, general debates like the motion of thanks, urgent public interest matters, adjournment motions, and the referral of Bills to committees for detailed scrutiny.
- The Leader of the Opposition needs to harness this renewed Opposition spirit and effectively present his views in the House.
- The LoP of the 18th Lok Sabha has the crucial task of maintaining Opposition unity. As the potential future Prime Minister, he must responsibly inform the nation about the government's failures, based on truth.
- In the House, he holds a primary role in debates and interventions. It is a well-established parliamentary tradition that the Speaker allows the Leader of the Opposition to intervene on any matter without prior notice.
- He can also demand the Prime Minister's presence during serious debates. According to British tradition, the Prime Minister directly informs the Leader of the Opposition about major policy initiatives, keeping a constant communication channel open between them
5. Way Forward
In India, adopting this beneficial tradition could significantly strengthen democracy. Jawaharlal Nehru established certain practices, such as regularly attending the House during Question Hour and supplementing ministers' replies when he found them inadequate. Nehru would often request the Speaker to allocate more time to opposition leaders and consistently attended the House to listen to them. He believed that it was through opposition members that he could learn about the country's true situation, rather than from his own party members who were more likely to praise him without offering honest feedback. The Indian Parliament developed in its early years within this constructive environment.
There is much to learn from the past that can be emulated by the new generation of parliamentarians. Ignoring historical practices will not benefit the legislative process. Intolerance towards dissent was never part of the early parliamentary tradition. The people of India have given the political class a significant opportunity to restore normalcy in Parliament. The primary role of the Leader of the Opposition is to continuously remind the ruling benches of the importance of maintaining a functional and effective Parliament
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