Irked over the timid response from Lok Sabha Speaker Sumitra Mahajan and the Government over its claim for the post of Leader of Opposition (LOP), the Congress and its allies have decided to write to Mahajan, demanding immediate decision on the issue.

The Congress believes the Speaker’s rulings on the subject cannot override the Salary and Allowances of Leaders of Opposition in Parliament Act of 1977. The Act makes it clear that the Lok Sabha cannot function without an LOP, the party said.

The Congress said the decision to include the LOP in various selection panels was taken based on the 1977 Act.

Justifying the 1984 scenario, when there was no Opposition leader against the Congress Government (with 415 MPs), the party said no one had claimed the post then.

Taking the lead, Congress president Sonia Gandhi asserted her party’s stake over the post.

“We are the single largest party. We have got a pre-poll alliance.

“Hence, we are entitled to the Leader of Opposition’s post,” she said ahead of the Budget session of Parliament, which began here on Monday.

Party spokesman Anand Sharma hinted that the Congress may even exercise legal options if it is denied the post.

Legal option

He said there is no doubt that the Speaker is acting at the “behest of the Government”.

“No ruling of the Speaker can substitute or override an Act of Parliament. Anybody saying so lacks elementary understanding of the law and the statute,” he told reporters.

He also said the Government’s intention is not correct.

“The thinking is undemocratic... Government is trying to subvert the appointments of Lok Pal, CVC and other key posts by denying LOP status to Congress.

“We will not allow that to happen. We will take all the steps in Parliament and agitate on whatever forum is available.

“But let the reply of the Speaker come first,” he added. 

Earlier, rejecting the BJP’s allegation that the Congress is “desperate” for the post, Sonia said: “We have lost the elections. We are aware of that.”

Kamal Nath’s remark

Earlier, Parliamentary Affairs Minister M Venkaiah Naidu slammed senior Congress leader Kamal Nath for his remarks that Mahajan’s decision on LOP could be “flavoured” by BJP.

“It is unfortunate that such a comment has been made by a senior leader like Kamal Nath….

“The matter will be dealt with by the Speaker according to the rulebook and precedent. Once elected, the Speaker is above the party,” Naidu said.

Naidu, who presided over the all-party meeting earlier in the day, said the issue of LOP in the Lok Sabha has not been raised.

“Just saying that there is a direction by the Speaker is a lame excuse to deny the Congress the position.

“The floor of the House is very different and Parliament is very different what it was two decades ago,” Kamal Nath had said.

Falling short

The Congress has 44 members in the Lok Sabha and falls short of the 10 per cent mark of 55 members in the 545-member house.

It is claiming the LOP status on the basis of its pre-poll alliance with constituents that formed the UPA-II government.

With the issue still not settled and the din over price rise by almost all Opposition parties in the Lok Sabha, the Government is hoping that it will be able to present the Railway Budget on Tuesday without any hitch.

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