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This is an archive article published on July 26, 2014

Leader of Oppn: A-G tells Speaker Cong doesn’t qualify for post

Rohtagi has told the Speaker that this policy has been followed for nearly 60 years, and has resulted in there being no LoP at different times.

Siding with the NDA government’s view that the Congress, which has just 44 members in Lok Sabha, doesn’t have the numbers to qualify for the post of Leader of Opposition (LoP), Attorney General Mukul Rohtagi has told Lok Sabha Speaker that no Congress leader should be granted the status of LoP.

To buttress his opinion, the Centre’s top law officer has cited the fact that there was no LoP between 1947 and 1964 when a Congress government led by Jawaharlal Nehru ruled the country as well as when Rajiv Gandhi was the Prime Minister.

In his opinion sent to Speaker Sumitra Mahajan Friday, Rohtagi has said as per the rules framed by the Speaker of the first Lok Sabha, Ganesh Vasudev Mavlankar, the post of LoP should go to the leader of the party that has the numbers equivalent to the quorum of Lok Sabha — 10 per cent of the total strength, which comes to 55 MPs.

Sources said Rohtagi has told the Speaker that this policy has been followed for nearly 60 years, and has resulted in there being no LoP at different times.

Sources told The Indian Express that following the A-G’s opinion, the Speaker is likely to rule soon that there would be no LoP in Lok Sabha.
However, the Congress, which has laid claim to the post, would look at legal options, including going to court to challenge the Speaker’s decision once it comes.

Recently, Congress president Sonia Gandhi said, “We are the single largest party and we have a pre-poll alliance. Hence, we are entitled to get the post of leader of opposition in Lok Sabha.”

Her party had also submitted a letter to the Speaker, signed by 60 MPs, including those from the UPA constituents, to seek the post of LoP. Legal opinion is divided on the issue, with Congress and other opposition parties pointing to the fact that the LoP has a role to play as member of panels for selecting key appointees like the proposed Lokpal, the Chief Vigilance Commissioner, NHRC Chairperson and members among others.

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