The Leader of Opposition in both the Lok Sabha and Rajya Sabha has been officially outlined in the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977. According to the Act, the Leader of Opposition is defined as a member of the Council of States or the House of the People, who currently holds the leadership position in the house for the party that opposes the government and has the highest numerical strength, as recognized by the Chairman of the Council of States or the Speaker of the House of the People.
There has been contention about the conventional interpretation of the requirements for appointing the Leader of Opposition. It is often mentioned that a party must have at least 10% of MPs in the House for the Speaker to recognize someone as the Leader of the Opposition. However, Achary clarified that there is no such rule in place. This rule has been misconstrued from direction 121 issued by the Speaker, which pertains to the recognition of a party or group for specific facilities in the House, not the appointment of the Leader of Opposition.
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The Leader of Opposition holds a significant position in the House, sitting in the front row to the left of the Chair and having specific privileges during ceremonial occasions. This includes escorting the Speaker-elect to the rostrum and being entitled to a front-row seat during the President's Address to both Houses of Parliament.
One of the key responsibilities of the Leader of Opposition is to act as the voice of the opposition in the House. Described as a shadow Prime Minister with a shadow Cabinet, the Leader of Opposition is ready to take over the administration if the Government resigns or is defeated on the floor of the House.
Aside from the theoretical role, the Leader of Opposition also has practical responsibilities. Most notably, they serve as the opposition’s representative in high-powered committees for the appointment to key posts, such as the Director of CBI, the Central Vigilance Commissioner, and others. For instance, during their tenure, the Leader of the Congress in Lok Sabha had raised concerns about the government's attempts to exclude the opposition from the selection of the Lokpal.
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Overall, the Leader of Opposition plays a crucial role in the smooth functioning of the House while representing the opposition's interests and participating in key appointments and decisions.
In the order of precedence, the Leaders of Opposition in Lok Sabha and Rajya Sabha rank at No. 7, alongside Union Cabinet Ministers, the National Security Advisor, the Principal Secretary to the PM, the Vice-Chairperson of the NITI Aayog, former PMs, and Chief Ministers.
