His Majesty’s Opposition

Ershine May’s Treatise on the law of privileges Proceedings and Usage of Parliament (22nd Edn.). It is, recognised  as a masterpiece of Parliamentary Literature, while dealing with “the official opposition”, enunciated the role of Leader of the Opposition as under :

THE OFFICIAL OPPOSITION

The importance of the Opposition in the system of parliamentary government has long received practical recognition in the procedure of Parliament. Even before the first Reform Act the phrase ‘His Majesty’s Opposition’, had been coined by John Cam Hobhouse. In 1937 statutory recognition was accorded through the grant of salary to the Leader of Opposition. The prevalence (on the whole) of the two party system has usually obviated any uncertainty as to which party has the right to be called the ‘Official Opposition’; it is the largest minority party which is prepared, in the event of the resignation of the Government, to assume office. The Leader of the Opposition and some of his principal colleagues in both Houses form a group, popularly known as ‘the Shadow Cabinet’, each member of which is given a particular range of activities on which it is his task to direct criticism of the Government’s policy and administration and to outline alternative policies. Since the strength of modern party discipline makes a Ministry largely invulnerable to direct attack in the House of Commons, the criticism of the Opposition is primarily directed towards the electorate, with a view to the next election, or with the aim of influencing Government policy through the pressure of public opinion. The floor of the House of Commons provides the Opposition with their main instrument for this purpose. Accordingly, the Opposition has acquired the right to exercise the initiative in selecting the subject of debate on a certain number of days in each session and on such occasions as the debate or; the address in reply to the Queen’s Speech or from time to time by putting down motions of censure. The Leader of the Opposition is by custom accorded certain rights in asking questions of Ministers (see p .336), and members of the Shadow Cabinet and other official Opposition spokesmen are also given some precedence in asking questions and in debate.

 In this behalf one may also turn to the book “Practice and Procedure of Parliament Vol.1” by M/s. M.N. Kaul and S.L. Shakdhar. In the Chapter of Parliamentary Functionaries, while dealing with “Leader of Opposition” on page 115, enunciated the role of Leader of Opposition in the following words:

“The Leader of the Opposition is the official spokesman of the minority or minorities and to that end he zealously watches any encroachment on their rights. His task, though not so difficult as that of the Prime Minister, is of sufficiently great public importance because he has to maintain a team – a ‘shadow Cabinet’ – ready to take over administration. In performing his duties and obligations, the Leader of the Opposition has to take into account not only what he is today but what he hopes to be tomorrow.”

The aforesaid extracted portions from leading books of the recognised authors on the subject in unequivocal terms recognize the important role of the Leader of Opposition. The House of the Corporation can be termed as mini-parliament. The role of the Leader of the Opposition in the House of the Corporation cannot be underestimated. The office of the Leader of Opposition cannot be kept vacant. If the object of the statute is to provide Leader of Opposition in the Corporation via Section 19-1AA, then the purposive interpretation will have to be adopted to meet the contingency faced by the unusual situation created by the denial to hold office of Leader of the Opposition by the parties in opposition; one after another, having greatest numerical strength in the House of the Corporation.

The Leader of Opposition must be a person, who is willing to discharge obligations of that office. The party in opposition to which a Leader of Opposition belongs must be prepared to shoulder the responsibilities of that office. Unwilling person or party cannot be trusted with the responsibility of the office of the Leader of Opposition. The Leader of the Opposition has a right to participate in framing agenda of the meetings. He has a right to exercise initiative in selecting the subjects of debate. He has a right to address in reply. He has a right to focus public opinion in the house against the policy of the ruling party. He has right to move motions of censure. The Leader of Opposition has a right to ask certain questions to the ruling group or parties and he is also given precedence in asking questions and in debate. The Leader of Opposition has to push policies or political ideology of his political party or group in the House of the Corporation, All that his participation or working must reflect the ideology of the political party to which he belongs. It is thus necessary that the party in opposition or person belonging to such political party must be prepared and willing to discharge the obligations, duties and responsibilities attached to the office of Leader of Opposition.

The Leader of Opposition is given financial assistance from public funds to discharge his parliamentary duties. The history for statutory recognition to such financial assistance for the first time appears to have been accorded through the grant of salary to the Leader of Opposition in the House of Commons in 1937. The salary was first granted to the Leader of Opposition by the Ministers of Crown Act, 1937 enacted in the said year. Now the Members who are Officers of House of Commons, Ministers of Crown, Leaders of Opposition, Opposition Whips are entitled of salary under the Ministerial and Other Salaries Act, 1975. The Indian Parliament considering the statutory recognition accorded to the Leader of Opposition in United Kingdom, Australia and Canada and, taking into account parliamentary democracy and important role, the Leaders of Opposition have to play, accorded statutory recognition and given salary and certain other facilities and amenities to enable them to discharge their functions in the parliament through the enactment known as Salary and Allowances of Leader of Opposition in Parliament Act, 1977.

In India, number of States have also started giving facilities and amenities to the Leader of Opposition in the State Legislative Assemblies. In Maharashtra, since 1970, provisions have already been made in the Bombay Legislature Members Salaries and Allowances Act, 1976 to give to the Leader of Opposition in two Houses of the State Legislature the salary, residential accommodation and certain facilities and amenities as are ordinarily given to the Ministers of Government. But in the other respects, these leaders are governed by the provisions of the said Act which are applicable to any other members of the legislature.