NEW DELHI: The Supreme Court on Friday agreed to consider a key constitutional question – Can the speaker or president withdraw’Leader of the Opposition‘ recognition from the leader of a party that has the highest numerical strength of any opposition group, but whose number is less than 10% of the power of the House of Commons. This decision could affect the functioning of important democratic institutions such as Lok Sabha, Rajya Sabhalegislative assembly and council.
“When there is a representative house elected by the people, there is a majority party in power and there is an opposition party. When there are opposing parties, ideally the leader of the party with the highest numerical strength is declared the leader of the opposition. That is the character of democracy,” said one Chief Justice’s bench Cardinal Chandrachud and Judge P.S. Narasimha and JB Pardiwala.
The bench made this comment while addressing a petition filed by Samajwadi Party Member Lal Bihari Yadav protesting the Allahabad high court ruling upholding the notice issued by UP Vidhan Parishad (Legislative Council) issued on 7 July last year withdrawing the LoP status granted to him two days earlier (July 5). The 100-member parish withdrew LoP recognition from Yadav due to the SP’s strength in the Council dropping from 12 on July 5 to 9 on July 7, which is less than 10% of the Parish’s strength .
Representing Yadav, senior lawyer Shyam Divan said that in the House of Commons, 90 members are elected while 10 are nominated. He said, if the power of the elected members is taken into account, then the SP has 10% of the power. Divan also said that at the Delhi assembly, when the BJP’s strength was only three in the 70-member House of Representatives, the leadership of the opposition was given to one of the BJP’s MLAs.
He also questioned whether 10% of the total power of the House of Commons, as applied in the Lok Sabha and assemblies, could be applied to legislative assemblies in the absence of a specific provision on the matter. this or not. The Bench recognizes that some value should be ascribed to the LoP position in a democracy and seeks the response of the chief secretary of the UP legislative assembly to Yadav’s special leave application challenge decision of the HC.
It is noteworthy that the first, second, third, fifth, seventh, eighth and 16th Lok Sabha as well as the first, second, third, fifth, seventh and eighth Rajya Sabha have no territory. no opposition party is recognized by the President or the Speaker, respectively, due to the application of the 10% rule in these years, since no opposition party has more power than 10% of the total number of members of the House of Representatives. relate to.
“When there is a representative house elected by the people, there is a majority party in power and there is an opposition party. When there are opposing parties, ideally the leader of the party with the highest numerical strength is declared the leader of the opposition. That is the character of democracy,” said one Chief Justice’s bench Cardinal Chandrachud and Judge P.S. Narasimha and JB Pardiwala.
The bench made this comment while addressing a petition filed by Samajwadi Party Member Lal Bihari Yadav protesting the Allahabad high court ruling upholding the notice issued by UP Vidhan Parishad (Legislative Council) issued on 7 July last year withdrawing the LoP status granted to him two days earlier (July 5). The 100-member parish withdrew LoP recognition from Yadav due to the SP’s strength in the Council dropping from 12 on July 5 to 9 on July 7, which is less than 10% of the Parish’s strength .
Representing Yadav, senior lawyer Shyam Divan said that in the House of Commons, 90 members are elected while 10 are nominated. He said, if the power of the elected members is taken into account, then the SP has 10% of the power. Divan also said that at the Delhi assembly, when the BJP’s strength was only three in the 70-member House of Representatives, the leadership of the opposition was given to one of the BJP’s MLAs.
He also questioned whether 10% of the total power of the House of Commons, as applied in the Lok Sabha and assemblies, could be applied to legislative assemblies in the absence of a specific provision on the matter. this or not. The Bench recognizes that some value should be ascribed to the LoP position in a democracy and seeks the response of the chief secretary of the UP legislative assembly to Yadav’s special leave application challenge decision of the HC.
It is noteworthy that the first, second, third, fifth, seventh, eighth and 16th Lok Sabha as well as the first, second, third, fifth, seventh and eighth Rajya Sabha have no territory. no opposition party is recognized by the President or the Speaker, respectively, due to the application of the 10% rule in these years, since no opposition party has more power than 10% of the total number of members of the House of Representatives. relate to.
