Friday, 17 October 2014

No minimum percentage criteria in selection of Leader of Opposition post required

In the recently concluded Loksabha polls, the Congress party was denied the post of the Leader of Opposition by the Modi Govt by stating that the party lacks the minimum criteria of 10% strength out of the total 544 seats in Loksabha. But it has now been revealed vide response to a RTI query filed by Mumbai based RTI Activist Anil Galgali by the Loksabha secretariat that there is no percentage requirement for appointment of the Leader of Opposition.

RTI Activist Anil Galgali had filed a query with the Loksabha secretariat seeking information about the appointment of the Leader of Opposition. He sought to know what is the compulsary minimum percentage of strength required out of the total members of the Loksabha, he also sought the copies of the rules regarding the appointment and copies of order in this regard. In a reply to the query, Under Secretary of the Loksabha secretariat K Sona, informed that there is no minimum percentage prescribed for the selection of the Leader of Opposition.

Further the query regarding the requirement of Leader of Opposition for selection of heads of which institutions / commissions etc, the Secretariat has transferred the query to Law and judiciary ministry. Further it was also informed that in the 1st, 2nd, 3rd, 5th, 6th, 7th, and 8th Loksabha the post of the Leader of Opposition was vacant.

Further on the query that who is vested with the powers to appoint the Leader of Opposition, it was informed that the powers to appoint the Leader of Opposition was with the Loksabha Speaker. Also the copy of the letter written by Smt Sumitra Mahajan, Loksabha Speaker to Smt Sonia Gandhi was provided to Galgali where also it has been specified that the Speaker has the powers to appoint the Leader of Opposition. Recently Hon'ble Supreme Court had also expressed its displeasure over the lack of Leader of Opposition due to which important appointments such as Lokpal has been in limbo.

Anil Galgali has states that the Loksabha Speaker should act in positive conciençe and under the powers with it should resolve the issue of the appointment of the Leader of Opposition, as it has now become abjectly clear that there is no requirement of minimum percentage for appointment of LOP.

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