XI LOK SABHA DEBATES,   Session I 
Tuesday, May 28, 1996 / Jyaistha 7, 1918 (Saka)


Type of Debate:  SPECIAL MENTION

Title:	Regarding recognition of the Leader of the Opposition.

Text:
MR. SPEAKER : Order, please.

SHRI RAM NAIK (MUMBAI NORTH): Sir, I want to raise an important constitutional
issue, also an issue with reference to our rules and from the point of view of
parliamentary  etiquettes  and conventions. It is about the appointment of the
Leader of the Opposition... (Interruptions)

SHRI SRIKANTA JENA (KENDRAPARA): Sir, can any Member raise a question  on  the
decision  of  the hon. Speaker? That is a question on the decision of the hon.
Speaker... (Interruptions)

MR.  SPEAKER  :  Please,  he  is asking a question and I think it is quite all
right.

... (Interruptions)

MR. SPEAKER : Come on, I will clarify that.

SHRI RAM NAIK (MUMBAI NORTH): Sir, it is about the appointment of  the  Leader
of the Opposition with retrospective effect from 16th May. The Members of this
House  have  taken  oath  on  22nd. Sir, when a person becomes a Member of the
House then only he can become the Leader of the  Opposition.  So,  I  want  to
invite your attention to Kaul and Shakdhar.

MR. SPEAKER : I do not think it is required.   I  am  very  clear  about  your
question.

SHRI RAM NAIK (MUMBAI NORTH): Sir, I have to.

MR. SPEAKER : You do not have to refer to that.

... (Interruptions)

SHRI RAM NAIK (MUMBAI NORTH): Sir, I have to argue. ...(Interruptions)

MR. SPEAKER:  I have understood your question.  I do not think that I  require
it.

SHRI RAM NAIK (MUMBAI NORTH):  Sir, I want to explain it.

MR. SPEAKER:    They  have a valid point whether the Speaker's decision can be
raised on the floor of the House.  In spite of that, I have allowed you.

SHRI RAM NAIK (MUMBAI NORTH) Sir, if the procedure was  wrong,  I  have  every
right  to  bring  to your notice and from that point of view I am bringing it.
...(Interruptions)

SHRI RAM VILAS PASWAN (HAJIPUR):  Sir,  this  will  set  a  wrong  convention.
...(Interruptions)

SHRI RAM NAIK (MUMBAI NORTH): Sir, a person becomes a Member of the House only
when  he  takes  an  oath  or  affirmation  in  the  House  according  to  the
Constitution.  Article 99 very categorically says:

"Every Member of either House of Parliament shall before taking
his seat, before the President or some person appointed in that
behalf by him, an oath or affirmation according to the form set
out for the purpose in the Third Schedule."

So, Sir, the President has appointed a pro tem Speaker to conduct  the
business  of the House. Now, when can a Leader of the Opposition be appointed?
The Leader of the Opposition can be appointed only when  he  takes  the  oath.
Nowwhen   did   he   take   the   oath?   He   took   the   oath  on  22nd
May....(Interruptions)

MR. SPEAKER:  I am here.  Why are you worried?

SHRI RAM NAIK (MUMBAI NORTH): Sir, he took the oath only on 22nd May. When we,
the  Members,  were  being  called to take the oath, the then Speaker from the
Chair has said that the Prime Minister would take the oath first and then  the
Leader  of  the  Opposition.  That  means,  the  Leader  of the Opposition was
appointed before taking the oath.

Now, the third important point is this. The precedent  of  taking  the
oath  is  that  the  Prime  Minister  has  to  take the oath first, then it is
followed by the Cabinet Ministers and then by the Leader of the House.

MR. SPEAKER:  I think, you have made your point.

SHRI  RAM NAIK (MUMBAI NORTH): That precedent was not followed here. Now, what
remains is, from 22nd May he could have been appointed as the  Leader  of  the
Opposition after taking the oath. But he has been appointed with retrospective
effect from 16th May when none had taken the oath. So, my point is that unless
he has taken the oath, he cannot be the Leader of the Opposition.

Sir,  my  last  point is that there is a difference between a Minister
taking the oath and  the  Leader  of  the  Opposition  taking  the  oath.  The
President  appoints  a  Minister.  The  Ministers are appointed. But, here the
Leader of the Opposition is not to be appointed by the President  but  by  the
hon.  Speaker. I know that you have not appointed him as such because you have
taken the Chair only after that. ...(Interruptions)

SHRI SOMNATH CHATTERJEE (BOLPUR): He has not appointed him. He has  recognised
him...(Interruptions)

SHRI RAM NAIK (MUMBAI NORTH): Sir, the point which is very relevant is whether
from  anti-date,  that  is  from 16th May, the Leader of the Opposition can be
appointed and from that point of view I am raising this. I hope  that  keeping
in view in the traditions ...(Interruptions)

KUMARI UMA BHARATI (KHAJURAHO):


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xÉÆMÉÉ Eò®úEòä PÉÖ¨ÉɪÉÉ MɪÉÉ* 
... (´ªÉ´ÉvÉÉxÉ)

SHRI  RAM  NAIK  (MUMBAI  NORTH):  Keeping  in  view  the  best  Parliamentary
traditions, keeping in view the Constitution and keeping in view the rules and
whatever has been practised, I feel that a clarification is required about the
appointment of the Leader of the Opposition. I have no personal grudge against
him, which I must clarify. But I thought that it is a valid point which has to
be brought to your notice.

MR. SPEAKER: Please listen. This House has two sides--the treasury benches and
the  Opposition.  The leader of the treasury benches is known as the Leader of
the House. When does he become the Leader of the House? He becomes the  Leader
of the House when he has taken the oath as the Prime Minister of this country.
The  Speaker  automatically recognises the Prime Minister as the Leader of the
House.

The  Prime  Minister  did not take the oath as a Member when he was taking the
oath.

... (Interruptions)

MR. SPEAKER : Please listen to me now. When I am giving my ruling, you  please
listen  to  me  carefully.  It is a very important point you have raised. I am
grateful to you because there should not be any doubt  in  the  minds  of  the
people  of  the country. Therefore, as soon as the Prime Minister is sworn-in,
the Speaker recognizes him as the Leader of the House and the  Prime  Minister
is  recognized as the Leader of the House before he has taken the oath or made
affirmation as a Member of Parliament. The same analogy applies for the Leader
of the Opposition. What happened in the Tenth Lok Sabha? I  am  not  going  to
give you many arguments though I have got many.

... (Interruptions)

MR.  SPEAKER : What happened in the Tenth Lok Sabha? We have a precedent. I am
telling you. In the Tenth Lok Sabha, the P.V.  Narasimha  Rao  Government  was
sworn-in  on  21st of June, 1991. On 27th of June 1991, the BJP, which was the
single largest Party after the Ruling Party, wrote a  letter,  a  letter  duly
signed  by  Dr.  L.  M.  Pandey,  to  the effect that Mr. L.K. Advani has been
elected as a Leader of their Party and that he may be recognized as the Leader
of the Opposition from the day the Prime Minister took oath, that is, 21st  of
June 1991. And the Speaker correctly recognized him. There is no change in the
position of Tenth Lok Sabha and the Eleventh Lok Sabha.

(ends)

SHRI AMAR PAL SINGH (MEERUT):


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