LoOP in a Loop -- Understanding Leader of Opposition Party (LoOP)

Abstract

This paper analyses the recent furor over the post of Leader of Opposition Party in Indian Lower House of Legislature or Lok Sabha. The grand old party -- Congress -- had its worst performance and managed to have only 44 seats out of 545 seats. This is less than 10% of total seats. Media reports claims that LoOP can be from party which has 10% of seats. This paper analyses the legal position. The author has gone through constituent Assembly debates, the Constitution of India, the Leaders of Opposition in Parliament Act of 1977 and the Leaders and Chief Whips of Recognized Parties and Groups in Parliament (Facilities) Act of 1998. Author concluded that discretion is of speaker but it is not unfettered discretion. It is based on Rules of Conduct of Parliamentary business which in turn is based upon the Constitution of India.