On February 3, 2026, eight Opposition MPs (7 from Congress, 1 from CPI-M) were suspended from the Lok Sabha for the remainder of the Budget Session. The action followed “unruly behavior,” including tearing and throwing papers at the Chair, during a protest regarding the Leader of Opposition’s (LoP) speech on the India-China border issue.

Rules of Procedure (The Legal Basis):

The Speaker acts under specific rules to maintain order:

• Rule 373: If a member’s conduct is “grossly disorderly,” the Speaker can direct them to withdraw for the remainder of the day.
• Rule 374: For persistent obstruction, the Speaker “names” a member. A motion is then moved (usually by the Minister of Parliamentary Affairs) to suspend them for a period not exceeding the remainder of the session.
• Rule 374A (Automatic Suspension): Introduced in 2001, this allows the Speaker to bypass a motion. In cases of “grave disorder” (entering the Well, shouting slogans), the member is automatically suspended for 5 sittings or the remainder of the session.

Definition and Legal Status:

The Leader of the Opposition is a statutory post, meaning it is defined by law rather than the Constitution.

• Statute: The office is governed by the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977.

• Constitutional Status: The Constitution of India does not mention the LoP.

• Rank: The LoP is accorded the rank of a Union Cabinet Minister, entitling them to the same salary, allowances, and perks (housing, transport, and staff).

Criteria for Recognition:

To be officially recognized as the LoP in either the Lok Sabha or the Rajya Sabha, two conditions must be met:

1. Numerical Strength: The member must lead the party in opposition that has the “greatest numerical strength” in the House.

2. The 10% Rule: While the 1977 Act doesn’t specify a percentage, a long-standing parliamentary rule (Direction 121 of the Speaker) requires the party to have at least one-tenth (10%) of the total seats of the House to be recognized as an official “Opposition Party.”

   Example: In the Lok Sabha ($543$ seats), a party needs at least $55$ seats.

3. Presiding Officer’s Discretion: The final recognition is granted by the Speaker (Lok Sabha) or the Chairman (Rajya Sabha).

   Key Roles and Responsibilities

The LoP is often called the “Alternative Prime Minister” (a term coined by Sir Ivor Jennings) because they must be ready to form a government if the current one falls.

• Constructive Criticism: Scrutinizing government policies and highlighting failures.

• Alternative Policies: Presenting a different vision or “shadow” policy to the public.

• Committee Participation: The LoP is a mandatory member of high-level panels that select:

  • The Central Vigilance Commissioner (CVC)

  • The Director of the CBI

  • The Lokpal (Ombudsman)

  • The Chief Information Commissioner (CIC)

• Shadowing the Government: In the UK, this is formalized as a “Shadow Cabinet,” where each minister is monitored by an opposition counterpart. While India does not have a formal Shadow Cabinet, the LoP performs a similar function of oversight.

The Salary and Allowances of Leaders of Opposition in Parliament Act, 1977:

The Salary and Allowances of Leaders of Opposition in Parliament Act, 1977 is the foundational legislation that provides statutory recognition and “Cabinet Minister” status to the Leaders of the Opposition (LoP) in both the Rajya Sabha and the Lok Sabha.

Definition of the Leader of the Opposition:

Under this Act, the “Leader of the Opposition” is defined as a member of the Rajya Sabha or the Lok Sabha who is:

• The Leader of the party in Opposition to the Government having the greatest numerical strength.

• Recognized as such by the Chairman of the Rajya Sabha or the Speaker of the Lok Sabha.

Note: There is a common “10% rule” (the party must have at least 10% of the total seats) often cited for recognizing the LoP. While this is a parliamentary convention/rule of the Speaker, it is not explicitly written in the 1977 Act itself.

Salary and Entitlements:

The Act ensures that the LoP is treated on par with a Cabinet Minister of the Union Government. Their perks include:

• Salary: A monthly salary equal to that defined in the Salaries and Allowances of Ministers Act, 1952.

• Allowances: * Constituency Allowance: To cover expenses in their home region.

  • Sumptuary Allowance: For hospitality and official entertainment.

  • Daily Allowance: For attending parliamentary sessions.

• Accommodation: Rent-free furnished official residence in New Delhi or a housing allowance.

• Travel: Free travel for official business, including a certain number of air and rail vouchers for family.

• Medical Facilities: Access to the same high-level healthcare as Cabinet Ministers.