5 months ago
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The week-long wintertime league of the Maharashtra Legislature concluded connected December 14 successful Nagpur. For the archetypal clip successful the past of the State, determination was nary Leader of the Opposition (LOP) successful some the Houses. The 10% spot spot is not a rule, but a normal for a enactment to beryllium formally recognised arsenic the authoritative Opposition enactment and to person a LOP. The Congress has 10% seats successful the Upper House. As the ruling dispensation overlooks precedents and the Opposition fails to enactment unneurotic a agreed front, a cardinal question arises: is the assignment of an LOP a antiauthoritarian necessity oregon the Speaker’s discretion?
“In a democracy, the Opposition is not lone tolerated arsenic constitutional, but indispensable beryllium maintained due to the fact that it is indispensable. The champion servants of the people, similar the champion valets, indispensable susurration unpleasant truths successful the master’s ear,” constabulary commentator Walter Lippmann said successful an essay, The Indispensable Opposition, successful 1939.
In Maharashtra, the Opposition has been rallying against the authorities to question the LOP presumption since past twelvemonth successful the Legislative Assembly, and implicit the past fewer months successful the Legislative Council. During the wintertime league of the Assembly, the State witnessed an unprecedented concern for the archetypal clip since its enactment successful 1960: some Houses did not person an LOP.
The past Opposition person successful the Maharashtra Legislative Assembly was Vijay Waddettiwar from the Congress. His word expired connected November 26, 2024. In the Legislative Council, the word of Shiv Sena UBT person Ambadas Danve arsenic LOP ended connected August 29, 2025. Maharashtra’s legislative past shows that a LOP has, until now, mostly been appointed without overmuch delay.
Under the Leaders of Opposition successful Maharashtra Legislature Salaries and Allowances Act, 1978, “The ‘Leader of Opposition’ successful narration to either House of the State Legislature, means that subordinate of the State Legislative Assembly oregon the State Legislative Council, arsenic the lawsuit whitethorn be, who is for the clip being the Leader successful that House of the enactment successful absorption to the State Government having the top numerical spot and recognised arsenic specified by the Speaker of the Assembly oregon the Chairman of the Council, arsenic the lawsuit whitethorn be.”
Last year, erstwhile the Speaker did not name an LOP aft Mr. Waddettiwar’s word ended, Shiv Sena UBT person and contender for the post, Bhaskar Jadhav, wrote a missive to the Legislature Secretariat seeking successful penning the rules and laws nether which the assignment is made. In reply, Subhash Nalawade, Deputy Secretary of the Maharashtra Legislature Secretariat, said connected December 9, 2024, “There is nary circumstantial proviso for the prime of the Opposition Leader successful the Maharashtra Legislative Assembly Rules. The honourable Speaker takes this determination aft taking into information the prevalent parliamentary conventions and precedence.” Political idiosyncratic Suhas Palshikar observed that precedents, convention, and goodwill play an important relation during proceedings.
While the 10% bulk is simply a convention, it has been overlooked successful the past. In 1962, the Congress had a brute bulk of 215 successful a House of 264 seats. The azygous largest Opposition enactment was the Peasants and Workers Party of India, with 15 seats. Opposition parties past came unneurotic to signifier the Samyukta Maharashtra Samiti, which was granted the presumption of the authoritative Opposition enactment and Krishnarao Dhulap was declared the LOP. Similar instances occurred successful 1967 and 1972 arsenic well.
This time, not lone has the State’s legislative precedent been overlooked, but the Opposition parties excessively person failed to travel unneurotic to involvement assertion to the position. In the 2024 Assembly elections, the Shiv Sena UBT secured 20 seats, the Congress 16, and the NCP SP 10. But the missive for the LOP presumption has been fixed lone by the Shiv Sena UBT. The existent spot of the Legislative Assembly is 288.
In the precocious House, the Congress has 10% of the full seats. It submitted a missive proposing the sanction of Bunty Patil for the position, connected September 2. In a House of 78, the Congress has 8 MLCs, Shiv Sena UBT 5, and the NCP SP 2.
Maharashtra Chief Minister Devendra Fadnavis has maintained that it is the discretion of the Speaker and the Chairperson of some the Houses to instrumentality the decision. Maharashtra Assembly Speaker Rahul Narwekar said that the Opposition enactment staking assertion to the presumption should person 10% seats successful the House.
