Opposition too makes democracy realistic

“If BJP goes by the rule book, they would have to address the issue-Can a democracy be effective without an opposition? Can an opposition be realistic without a leader? And since 1984, the leader of opposition due to the various laws enacted has a larger role to play, as a part of high powered committees for certain significant appointments like the Chief Vigilance Commissioner, CBI director, secretary-general of the Lok Sabha and Lokpal among others. Having the leader of opposition is an important safeguard against unchecked executive privilege.

Ever since Congress Party’s crushing defeat in the recent Lok Sabha election, many admirers now turned sympathizers of the Congress party are complaining about the fact that the leader of this party, which has just 44 seats and 59 with its alliance partner, cannot be designated Leader of the Opposition (LOP) and consequently, will not be entitled to the status and perks that go with it.  What was earlier being called as Modi’s wave has turned out to be Tsunami for the leader of the opposition in the Lok Sabha, and a storm is brewing over the issue, with Congress even contemplating going to the court.

Congress is in a precarious situation due to a rule formulated by G. V. Mavalankar the first speaker of the Lok Sabha and being followed since then. As per the rule the party  (alliances was not heard of in those days),  must have at least ten percent of the strength of the House in order to qualify to be designated as a Parliamentary party and the leader of the largest party in the opposition is designated as the Leader of the Opposition (LOP).  Congress has been part and parcel of the game. In 1984, the last time a single party secured a majority in Lok Sabha, the Congress had 415 MPs, and BJP was down to two.  It was the newly formed Telugu Desam Party (TDP), which had 30 MPs, its leader in Lok Sabha P Upendra, was not accorded the status of the Leader of the opposition, despite the fact that The Salary and Allowances of Leaders of Opposition in Parliament Act, which still forms the basis for recognition of the Leader of Opposition and provides for benefits and status, was enacted in 1977. While the BJP has certain pages from the history to support their stance, is this the payback time for TDP that has an alliance with BJP?

BJP has logic up their sleeve, what if two or three parties merge or come together to form another party and their combined strength is more than that of Congress’ 44?  In the 16th Lok Sabha, the AIADMK (37), the Trinamul Congress (34) and the Biju Janata Dal (20) have to make it clear whether they would play the role of Opposition, extend issue-based support or back the Modi government “unconditionally” like the Samajwadi Party and the BSP had backed the UPA government in its ten years of rule. AIADMK and Trinamul Congress are known to throw up surprises and can be expected to do so this time too.

If BJP goes by the rule book, they would have to address the issue-Can a democracy be effective without an opposition? Can an opposition be realistic without a leader? And since 1984, the leader of opposition due to the various laws enacted has a larger role to play, as a part of high powered committees for certain significant appointments like the Chief Vigilance Commissioner, CBI director, secretary-general of the Lok Sabha and Lokpal among others. Having the leader of opposition is an important safeguard against unchecked executive privilege. In time of UPA rule, BJP’s Sushma Swaraj, was a forceful participant in these panels, expressing her dissent on the selection of the CVC, blocking the then-government’s Lokpal nominees, and making sure that the final choice was one of consensus.

Congress has expressed its opinion strongly, senior party leader Digvijaya Singh has said rule should be rule.  Mallikarjun Kharge, who heads the Congress in the Lok Sabha, led a delegation of UPA partners to Speaker Sumitra Mahajan to urge her to grant the Leader of the Opposition’s post to the alliance on the ground that it was “pre-poll” combination. As of now Sumitra Mahajan has gone strictly by the rule book.

The Modi government has a mandate like no other in recent years, and in addition to nurturing the country should also try and nurture the democracy. Given the unusual strength of Modi government and the centralization of command, it is particularly vital that there be a recognized counter within Parliament. BJP should not let trivial animosity stop the necessary appointment of a leader of opposition. Having given enough glimmers of judicial intimidation in the Gopal Subramanium case, Modi now has to counter the opinion that he brooks no opposition. One way would be to gracefully let the second largest party to have the role of the Leader of the Opposition.