Skip to main content

Confidential AG opinion told Lok Sabha speaker in 2014: LoP can't be appointed on the basis of 1977 law

Sumitra Mahajan, Mukul Rohatgi
By A Representative
Information obtained under the Right to Information (RTI) Act has revealed that Lok Sabha speaker Sumitra Mahajan banked on what has been described as “truncated” opinion of the Attorney General of India (AGI) while rejecting the claim of the Indian National Congress (INC) for Leader of Opposition (LoP) in the lower house in 2014.
Marked “confidential”, the AGI, Mukul Rohatgi, in his “opinion” to the Lok Sabha speaker on July 23, 2014, seeks to bank on the ruling of the first Lok Sabha speaker, GV Mavlankar, in order to point out how, till 1969, which included the “entire tenure of Pandit Jawaharlal Nehru, and thereafter”, there was no LoP.
Rohatgi quotes Mavlankar’s "directions" to say that the LoP should have the strength “equal to the quorum required in for constituting a sitting of the House, which is one-tenth of the total number of the members in the Lok Sabha.”
Based on this, says Rohatgi, in the sixteenth Lok Sabha, constituted in May 2014, the largest opposition party, the INC, with just 44 members of Parliament MPs), did not have the “quorum” – 10 per cent of the Lok Sabha strength, 55 MPs.
Rohatgi argues, based on this "historical perspective", the speaker is “not obliged to recognize any members of the largest opposition party in the Lok Sabha as LoP in case the said party doesn’t the strength equal to one-tenth of the quorum required for a sitting in the House.”
At the same time, the RTI reply reveals, Rohatgi sets aside the Salary and Allowances of Leaders of Opposition Act, 1977, which defines LoP. 
The Act calls LoP as “member of the Council of States (Rajya Sabha) or the House of the People (Lok Sabha), as the case may be, who is, for the time being the Leader of the House of the party in opposition to the government having the greatest numerical strength, and recognized as such by the chairman of the Council of States or the Speaker of the House of the People, as the case may be.”
Rejecting the 1977 Act’s definition, Rohatgi argues, “It is obvious from the definition of LoP… that the recognition of a member as such is not governed by this Act, but such a member has to be recognized by the speaker.” 
He adds, “In other words, the issue of recognition of a member of the House as LoP is outside the purview of the Salary and Allowances of the Leader of Opposition in Parliament Act, 1977.”
Based on this, Rohatgi says, the “speaker need not recognize a member of the largest opposition party in Lok Sabha as the LoP if the largest opposition party does not have strength equal to the quorum required for a sitting of the House.”
Senior RTI activist Venkatesh Nayak, who obtained the “confidential” information from the Lok Sabha secretariat, says, what Rohatgi does not take into account is, “Parliament rejected the idea of fixing a quota for claiming the LOP's chair decisively” in 1977.
Says Nayak in an email alert to Counterview, after the the Salaries and Allowances of LoPs Bill was tabled in the Lok Sabha on August 6, 1977, "HV Kamath, an MP of the Janata Party and belonging to one of its constituents -- the Jan Sangh -- a previous avatar of the BJP moved amendment 15 to fix one-sixth as quota of seats in the House required for any MPs to claim the LoP's chair.”
“In support of his amendment proposal, Kamath quoted Mavalankar, where a reference was made to the 10 per cent seat requirement. This amendment was decisively rejected by Janata Party MPs who were in the majority in the then Lok Sabha”, Nayak says.
“So the numerical strength argument was weighed, measured and discarded by the Lok Sabha. To insist that 10% seat quota is essential to claim the LoP's chair amounts to blatant disregard for the express intention of Parliament”, Nayak, who is with the Commonwealth Human Rights Initiative, argues.

Comments

TRENDING

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Rajiv Shah  Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor*  This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

Celebrating 125 yr old legacy of healthcare work of missionaries

Vilas Shende, director, Mure Memorial Hospital By Moin Qazi* Central India has been one of the most fertile belts for several unique experiments undertaken by missionaries in the field of education and healthcare. The result is a network of several well-known schools, colleges and hospitals that have woven themselves into the social landscape of the region. They have also become a byword for quality and affordable services delivered to all sections of the society. These institutions are characterised by committed and compassionate staff driven by the selfless pursuit of improving the well-being of society. This is the reason why the region has nursed and nurtured so many eminent people who occupy high positions in varied fields across the country as well as beyond. One of the fruits of this legacy is a more than century old iconic hospital that nestles in the heart of Nagpur city. Named as Mure Memorial Hospital after a British warrior who lost his life in a war while defending his cou...

History, culture and literature of Fatehpur, UP, from where Maulana Hasrat Mohani hailed

By Vidya Bhushan Rawat*  Maulana Hasrat Mohani was a member of the Constituent Assembly and an extremely important leader of our freedom movement. Born in Unnao district of Uttar Pradesh, Hasrat Mohani's relationship with nearby district of Fatehpur is interesting and not explored much by biographers and historians. Dr Mohammad Ismail Azad Fatehpuri has written a book on Maulana Hasrat Mohani and Fatehpur. The book is in Urdu.  He has just come out with another important book, 'Hindi kee Pratham Rachna: Chandayan' authored by Mulla Daud Dalmai.' During my recent visit to Fatehpur town, I had an opportunity to meet Dr Mohammad Ismail Azad Fatehpuri and recorded a conversation with him on issues of history, culture and literature of Fatehpur. Sharing this conversation here with you. Kindly click this link. --- *Human rights defender. Facebook https://www.facebook.com/vbrawat , X @freetohumanity, Skype @vbrawat

What Epstein Files reveal about power, privilege and a system that protects abuse

By Bhabani Shankar Nayak*  The Jeffrey Epstein scandal is not merely the story of an individual offender or an isolated circle of accomplices. The material emerging from the Epstein files points to structural conditions that allow abuse to flourish when combined with power, privilege and wealth. Rather than a personal aberration, the case illustrates how systems can create environments in which exploitation becomes easier to conceal and harder to challenge.

Green capitalism? One-billion people in the Global South face climate hazards

By Cade Dunbar   On Friday, 17 October 2025, the UN Development Programme released the 2025 edition of its Multidimensional Poverty Index Report . For the first time, the report directly evaluates their multidimensional poverty data against climate hazards, exposing the extent to which the world’s poor are threatened by the environmental crisis. According to the UNDP, approximately 887 million out of the 1.1 billion people living in multidimensional poverty are exposed to climate hazards such as extreme heat, flooding, drought, and air pollution.

From fake interviewer to farmer’s advocate: Akshay Kumar’s surprising role in 'Jolly LLB 3'

By Prof. Hemantkumar Shah*  At the luxurious INOX theatre in Sky City Mall, Borivali East, Mumbai, around seventy upper-middle-class viewers attended the 10:45 a.m. screening of Jolly LLB 3. In the film’s concluding courtroom sequence, Arshad Warsi’s character asks the judge whether he would willingly surrender one of his own homes to the government for a development project in Delhi.