Leader of Opposition in Parliament not mandatory constitutional position: Centre tells Delhi HC

The ASG however argued that giving recognition to any person as the LoP was under complete discretion of the Speaker.

Delhi High Court, LoP, Lok Sabh, Rajya Sabha

The High Court has now reserved its judgment in the PIL and is expected to give its verdict soon.

The Central government on Wednesday told the Delhi High Court that the position of the Leader of Opposition in Lok Sabha or the Rajya Sabha is not a mandatory constitutional position.

“Is there any provision in our system of democracy that says a Leader of Opposition is mandated?” the court of Chief Justice G Rohini and Justice RS Endlaw had asked during a hearing on a PIL seeking directions to the Law Ministry and Speaker of the Lok Sabha to appoint a Leader of Opposition.

Additional Solicitor General Sanjay Jain also told the court that the appointment of the LoP had only been started from the 4th lok Sabha, and no leader of opposition had been recognised in 1988-89 either.

“The view that the order of opposition is mandatory and the Speaker is under obligation to recognise the LoP is a complete myth,” said the ASG. The ASG also argued that the law governing the salary and allowances of the Leader of Opposition says that the LoP is a member of the party which has the largest numerical strength and is recognised as such.

The court however raised the question of whether there is legal provision that makes it mandatory for the Speaker to recognise any particular party as the opposition.

The counsel for the petitioner had argued that the CVC Act, RTI Act, Lokpal Act and the Human Rights Act required the presence of a leader of opposition to complete certain functions. The ASG however argued that giving recognition to any person as the LoP was under complete discretion of the Speaker.

The High Court has now reserved its judgment in the PIL and is expected to give its verdict soon.