Context: Leader of Opposition Rajya Sabha
Mallikarjun Kharge was reappointed as the Leader of Opposition in the Rajya Sabha after taking oath as a re-elected Member of Parliament.
The oath was administered by the Chairman of the Rajya Sabha, the Vice-President.
Oath / Affirmation of Rajya Sabha Members
Constitutional Basis
Article 99
- Deals with oath or affirmation by Members of Parliament.
Form of Oath
- Third Schedule
Oath Taken Before
The oath is taken before:
- President, or
- A person appointed by the President
In practice, for Rajya Sabha members, it is administered by the Vice-President / Chairman of Rajya Sabha.
Oath Includes
A Member of Parliament swears to:
- Bear true faith and allegiance to the Constitution
- Uphold the sovereignty and integrity of India
- Faithfully discharge duties as an MP
UPSC Trap
President
- Takes oath under Article 60.
Vice-President
- Takes oath under Article 69.
Their oath forms are not in the Third Schedule.
Leader of Opposition
Statutory Status
The Leader of Opposition has statutory recognition under the:
- Salary and Allowances of Leaders of Opposition in Parliament Act, 1977
Recognition
The Leader of Opposition is:
- Leader of the largest recognised Opposition party
- Recognised by the Speaker in Lok Sabha
- Recognised by the Chairman in Rajya Sabha
10% Rule Clarification
There is no constitutional or statutory requirement of 10% seats for recognising the Leader of Opposition under the 1977 Act.
The 10% rule is a convention for party recognition, not a requirement under the 1977 Act.
Rank
- Cabinet Minister rank
Role
The Leader of Opposition is part of key selection committees where provided by law, such as:
- Lokpal
- Central Vigilance Commission
- Central Information Commission
- CBI Director
- Chief Election Commissioner and Election Commissioners
Significance
- Strengthens parliamentary accountability.
- Represents Opposition voice in Parliament.
- Ensures checks and balances.
- Participates in important institutional appointments.
- Supports democratic debate and legislative scrutiny.
