YSR Congress Party president and former Andhra Pradesh chief minister Y. S. Jagan Mohan Reddy’s letter to state assembly speaker Ch. Ayyanna Patrudu on Tuesday, demanding recognition as the Leader of the Opposition (LoP), has sparked a debate in political circles.
Jagan pointed out that the Indian Constitution does not stipulate that the LoP status must be given to the floor leader of a party with at least 10% of the total strength of the House.
He cited Section 12-B of the Andhra Pradesh Payment of Salaries and Pension and Removal of Disqualifications Act, 1953, which states that the LoP status should be given to the party with the greatest numerical strength after the ruling party, as recognized by the speaker of the legislative assembly.
“Since there is no other opposition party in the Andhra Pradesh assembly now, the YSRCP is the principal and only opposition party in the House, and its leader ought to be the LoP, duly recognized as such by the Speaker,” Jagan argued.
However, analysts have pointed out flaws in Jagan’s argument.
While the Constitution doesn’t address LoP status, Parliamentary rules, which apply to states as well, state that the leader of the largest opposition party with at least one-tenth of the total seats in the House is recognized as the LoP.
The LoP is given statutory recognition under the Salaries and Allowances of Leader of Opposition in Parliament Act, 1977 (which also applies to states) and is entitled to the salary, allowances, and other facilities equivalent to those of a cabinet minister.
Ultimately, it is up to the speaker of the legislative assembly (or Lok Sabha) to decide whether to grant LoP status to an opposition leader, even if the party does not have the required one-tenth strength.
Moreover, there is no strict rule that the LoP status must be given to an opposition party leader solely because there are no other opposition parties in the state assembly.
“It is not in the rule book that the YSRCP should be given the LoP status just because it is the only opposition party in the assembly,” an analyst noted.
So why is Jagan insisting on LoP status? An LoP receives several privileges.
Firstly, they get a cabinet rank and all associated facilities, including additional security, official accommodation, and staff.
Secondly, the LoP is given an exclusive seat in the front row of the opposition benches, directly opposite the chief minister. Without this status, Jagan may be seated in the back benches like any other MLA.
Thirdly, and most importantly, a LoP with a cabinet minister rank cannot be arrested for corruption without the Governor’s consent, as per Section 17A of the Prevention of Corruption Act.
This means that if the Naidu government wants to arrest Jagan in a corruption case, they would need the Governor’s permission.
However, for raising public issues in the House or participating in debates, Jagan does not need LoP status. He can still perform these functions without that privilege, the analyst added.