Who is Leader of Opposition? Know Minimum Number of Seats Required for Leader of Opposition

With Lok Sabha result 2024 announcement, all eyes are on the formation of the new government. The winning party/ alliance who won more than 272 seats in the elections will form the new government. NDA secured 292 seats of the total 543 seats, while INDI Alliance won a total of 234 seats in the 18th Lok Sabha Elections. 

The new session of Lok Sabha comes with a new leader of opposition. It is the responsibility of the opposing party who got the second highest seats and is not part of the alliance forming the new government to announce a leader of opposition. The post of the leader of opposition enjoys the rank of a Cabinet Minister. 

What is the responsibility of a Leader of Opposition?

Indian parliamentary system consist of a leader of the winning party who sits on the chair of Prime Minister, and a leader of opposition. The opposition leader has the authority to participate actively in any decision-making process of the government. The opposition leader's primary goal is to hold the ruling government responsible.

The responsibility of the leader of opposition is different from that of the leader of the ruling party. The main role that the opposition needs to fulfill in any government is the effective criticism. Opposition plays an important role in the smooth functioning of the government. They act as a gatekeeper for the government’s policies. They are responsible to make the currentgovernment accountable for its policies. If there is a weak opposition, the ruling party will have free reign over the legislature, which is not good for a healthy democracy. 

Who can become Leader of Opposition?

The position of the leader of opposition is not mentioned anywhere in the Constitution of India. However, it is mentioned in parliamentary statutes. 

• A party must have at least 10% of the total strength of the house (55 seats in case of Lok Sabha) in order to receive informal recognition in either the upper or lower houses. 
• Individual parties must have necessary number of seats to reach the 10% seat condition.
• It must be noted that an alliance of opposite parties can not nominate leader of opposition.

The leader of opposition needs to get recognized by the speaker of the house in order to hold the position. Therefore, it can be stated simply that the Speaker's decision will be final in case of recognition of the opposition leader position. 

Minimum Seats required to become Leader of Opposition

There was no official recognition of the leader of opposition till 1969. It was recognised as a de facto position with no status or privilege. However later it was given an official recognition with salary and allowances similar to a Cabinet Minister. 

For a party to appoint leader of opposition for a House, it must win at least 10% of the total seats. There are currently 543 seats in the Lok Sabha, while 243 in the Rajya Sabha. The party with the second highest number of seats and not a part of the government can nominate its leader as the leader of opposition. 

• The minimum number of seats required for a party to be eligible to nominate opposition leader is 55 in case of Lok Sabha.
• In case of Rajya Sabha, party must win 25 seats in order to appoint its leader of opposition. 

Additionally, if a party does not have at least ten percent of the House's total members, the Speaker of the Lok Sabha has the authority to not recognize the leader of opposition position.

Is the Leader of Opposition Position mentioned in Constitution?

The answer to this question is no. This position has no mention in the Constitution of India. However, it has received statutory recognition by the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977. 

This act defined the term, “Leader of Opposition” as “ The Leader in that House of the party in opposition to the Government having the greatest numerical strength and recognised as such by the Chairman of the Council of States or the Speaker of the House of the People, as the case may be.”

The Debate over the Leader of Opposition

Lok Sabha had no leader of opposition since last two terms. The reason behind this was the lack of any individual party winning 10% of the total seats. Indian National Congress did emerge as the second highest number of seats winning party. But it was less than the minimum number of seats required to nominate leader of opposition. 

In the 18th Lok Sabha session, Congress do have the appropriate number of seats required to make opposition leader of the Lower House. The discussion on who should become the opposition leader is in progress. The decision will be made soon. 

The position of Leader of Oppostion contains many responsibilities. It is important for a healthy government to have a strong oppostion, who can hold the government accountable for its decisions and policies.

Also Read: Meet Youngest and Oldest Candidates who won Lok Sabha Election 2024