What is the Act?

The Statutory (Salary and Allowances of Leader of Opposition) Act, 1977 is a Parliamentary law that formally recognises the Leader of the Opposition (LoP) in the Lok Sabha and provides for their salary, allowances, and service conditions, placing the LoP on a statutory footing.

Background

• Before 1977, the post of Leader of the Opposition existed only as a convention, without legal backing.
• After the Emergency (1975–77), the need for a strong and institutionally recognised opposition was emphasised.
• The Act was enacted to strengthen parliamentary democracy by formally acknowledging the role of the opposition.

Who is the Leader of Opposition (LoP)?

Under the Act:

• The Leader of the Opposition is the leader of the largest opposition party in the Lok Sabha.
• The party must have at least 10% of the total strength of the House to be recognised.
• The LoP is recognised by the Speaker of the Lok Sabha.

Key Provisions

• Statutory recognition of the office of the Leader of Opposition.
• The salary and allowances of the LoP are equal to those of a Cabinet Minister.
• Entitled to:
  • Salary and daily allowance
  • Constituency allowance
  • Office facilities, staff, and official accommodation
• Service conditions governed by rules framed under the Act.

Constitutional and Democratic Significance

• Strengthens the checks and balances in a parliamentary system.
• Enhances the status and authority of the opposition, ensuring effective scrutiny of the executive.
• Institutionalises the principle that opposition is integral to democracy, not merely a political formality.

Role of LoP in Constitutional Bodies

Recognition under this Act enables the LoP to participate in key high-level appointments, such as:

• Central Vigilance Commission
• Central Information Commission
• Lokpal
• Selection committees for constitutional and statutory posts

(Where the law mandates the presence of the LoP or Leader of the largest opposition party.)

Practical Issues and Debates

• When no opposition party meets the 10% threshold, the LoP is not recognised, leading to:
  • Vacancies or altered compositions in statutory selection committees
  • Legal and constitutional debates on whether the leader of the largest opposition party can substitute the LoP
• Courts have clarified that non-recognition of LoP does not invalidate appointments if the law provides alternatives.

Conclusion

The Statutory (Salary and Allowances of Leader of Opposition) Act, 1977 is a crucial democratic safeguard. By granting legal recognition, status, and parity to the Leader of the Opposition, it reinforces the idea that a strong opposition is essential for accountable governance and constitutional balance in India’s parliamentary system.