A Division Bench of Delhi High Court comprising Justices DN Patel and C. Harishankar stated that there is no law that mandates the appointment of Leader Of Opposition in Assembly or the Lok Sabha.
The petitioner submitted before the court that the delay in appointing the Leader of Opposition will impact the delay in appointing various important posts like the head of CBI, NHRC and other government bodies and statutory committees.
It should be noted that Congress, who is the second largest party with 52 seats had earlier claimed that it will not stake a claim for the Leader of opposition in the Parliament. Speaking to Press, AICC Spokesperson Randeep Singh Surjewala said, ‘We will not stake a claim to the Leader of Opposition till we have the strength of 54 and since we don’t have we are not going to stake a claim’.
As per rules, at least 10% of the total strength of the House is needed to get a Leader of Opposition. However, the ruling party has the power to give Leader of opposition even the Opposition parties does not have that figure.
Congress won 52 Lok Sabha Seats in the polls which are 2 short of 10% strength, to stake a claim for Leader of Opposition.
This will be the second term for the Narendra Modi-led Government without a Leader of Opposition in the House.
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