Supreme Court of India(SCI)questions NDA Govt for delay in appointing Opposition Leader Friday Aug 22,2014

An assertive Supreme Court, which had consistently kept the UPA government on tenterhooks by questioning its policies and showing zero tolerance for corruption, is continuing with its aggression and activism against the NDA regime.

The SCI  on Friday Aug 22,2014 took on the NDA Govt for the seventh time in the three months since it assumed office, questioning the delay and lack of consensus in choosing a Leader of Opposition (LoP) in the Lok Sabha, which has put the selection of the Lokpal in limbo and will affect appointments to several other constitutional posts in the CBI, CVC and NHRC.

The LoP is a key member in the selection panel for all these posts

As the second largest party in the Lok Sabha with 44 seats, Congress has been demanding the LoP post for itself but the Speaker, taking into consideration the opinion rendered by the Attorney General, has rejected it by saying the party does not have the requisite 10 per cent of seats - 55 in the 543-member House

According to the Speaker, the Congress, which has 44 members in the Lok Sabha but claims the support of 60 UPA lawmakers, cannot officially get the LoP post as it lacks the mandated 10 per cent of the strength of the 543- member House.

The ruling BJP, which is in no mood to grant the LoP status to the Congress, has cited past precedents when there was no LoP during Congress governments in 1980 and 1984.

The issue has become a major bone of contention between the BJP and the Congress, which is in no mood to give up its claim. The Congress' argument is that not only is an LoP a democratic safeguard against the brute majority of the NDA in the lower house, the parliamentary post is needed to clear appointments to several anti-graft and rights bodies like the CVC, CBI, Lokpal and NHRC.

As a counter to the precedents cited by the BJP, the Congress has maintained that the situation was different two decades ago when the LoP had no role in clearing such key appointments.

"The decision of the Speaker was in utter disregard to the law and appears to be clearly influenced and coloured by the partisan agenda of the BJP-led government," said Sharma.

Indicating the mood in the government, Home Minister Rajnath Singh said the Congress should respect the Speaker's decision.

In this context, a bench headed by Chief Justice R.M. Lodha stepped in and decided to go into the issue of interpreting the provision of LoP in the Lok Sabha for appointing members of statutory bodies in a situation where there is no recognised LoP as in the current scenario.

The SCI also gave the government an ultimatum to decide the issue in two weeks

Slamming the absence of the LoP, Lodha said, "The person holding the post is the voice representing the view different from the government. Statute presupposes the existence of a LoP. Important appointments like the Lokpal cannot be kept in cold storage for want of such a post. Why does not the government realize that LoP is also essential for a fair selection to other constitutional posts also?"

The court granted the government two weeks to make its stand clear and come prepared at the next date of hearing on September 09,2014

Noting that the matter is very significant, the bench rejected the plea of the government, which sought four weeks to prepare on the issue.