Hours after the Supreme Court asked the Centre why the post of Leader of the Opposition in the Lok Sabha was lying vacant, a senior government functionary said the question was solely in the domain of the Speaker.
“The government had no role to play. The Speaker has, on the basis of sound principles and in conformation with conventions in existence for 65 years, concluded that no-one is eligible to be designated as Leader of the Opposition,” he said.
The Supreme Court issued notice to the government while hearing a petition on the delay in the constitution of the Lokpal. The Leader of the Opposition is a member of the committee that selects the Lokpal.
“Designating the Leader of the Opposition is an independent decision by the Speaker and is wholly irrelevant to the membership of the Leader of the Opposition on the committee to select the Lokpal. The precondition for the membership is that there must be a valid appointment of Leader of the Opposition,” the functionary, who did not want to be named, said. “For nearly half the past 65 years, there hadn’t been a designated Leader of the Opposition. But our democracy has evolved, matured and strengthened.”
The source questioned the wisdom of a public interest litigation petition that the court will consider on Monday, challenging the proposed National Judicial Appointment Commission (NJAC) to replace the collegium system for appointment of judges. The petition seeks to quash the Constitution amendment to scrap the collegium system and form the commission.
“The law on the NJAC will come into effect only after 50 per cent of the State Assemblies ratify it according to Article 358 of the Constitution. This is the plenary legislative power being exercised by the legislature. Once that process is concluded, it will await the assent of the President,” he said suggesting that a judicial intervention would amount to interference in the legislative process.
