The Apex court asked Government why Leader of Opposition post in parliament is still vacant when it is one of the important components for selecting anti-corruption ombudsman under Lokpal Law.
what SC said on Friday
According to reports, a bench headed by Chief Justice RM Lodha said, the LoP is required not only in case of Lokpal law but also in other important legislations.
It "conveys the voice different from the government" in the House and hence it is required.
Underling the importance of the post and raising concern that issue can't be prolonged, the Court has asked the Government to explain its stand till September 9.
The Apex Court has made this comment while hearing a case filed by Aam Aadmi Party (AAP) leader Prashant Bhushan, asking the government to explain the delay in appointing the Lokpal.
SC had rejects similar plea
Earlier in the first week of August, the Supreme Court had rejected a PIL filed by an advocate ML Sharma, saying that ruling of the Speaker of Lok Sabha doesn't qualify for judicial review.
The PIL had argued that the Congress party must be bestowed with the leader of Opposition post as it is the largest party amongst opposition.
Speaker rejected the post recently
Recently, the Lok Sabha Speaker Sumitra Mahajan had rejected this post to Congress party citing past records.
She also cited Attorney-General Mukul Rohatagi's opinion on the issue, who had said that rule doesn't permit the post to Congress as it is short of required 10 per cent rule. Congress got 44 seats, 11 short of 55 required for coveted post.
Congress crying wolf now but what about their chequered history on the front
After getting ammunition from court, bolstering its stand, Congress leader stepped up the ante against Government. Congress leader Manish Tewari said, "Is it the government's case that they don't want the opposition voice in democratic institutions".
But BJP shot him back with sting. The party leader and spokesperson Meenakshi Lekhi said, "The LOP post is virtually appointed by the will of the people, and that is reflected by the people they selected to send to Parliament - that is reflected even this time. Not once, but 7 times, there has not been a LoP, this is the 8th time that such a thing has happened".
Congress which is crying foul now should dig up the past records which will besmirch it's claim completely.
Here are the crisp records for Congress party to have a look
In 1953, the National Democratic Party (NDP) formed by Jan Sangh along with some other small parties was not recognized as a national party by then speaker Ganesh Mavalankar.
Until 1969, there was no post like Leader of Opposition (LoP) in the Lok Sabha till Congress' Ram Subhag Singh took up the post though for short stint.
The House was also without speaker in fifth Lok Sabha (from 1970 -1977) till YB Chavan of Congress occupied the post in 1977. Then again till 1980-1989 the post was vacant during Indira Gandhi tenure and ultimately Rajiv Gandhi took up the post.
Why BJP's purpose has solved and now LoP should be handed over to Congress
According to rule the Congress party doesn't qualify for the post, but it is fact that for any democratic set up a leader of opposition post is inevitable.
BJP perhaps wanted to humiliate this grand old party by not handing over the LoP post and the saffron party somewhere has got success in it.
The spate of events after humiliating defeat in Lok Sabha election has pushed the congress to the margin.
Apart from losing it's credibility, the dynasty party also lost it's authority completely, which always be challenged now a days.
So now Modi led party has golden opportunity to score again after handing over post to Congress.
That will be like killing two birds with one stone. The saffron party will give out the message that though people have rejected them but party is handing over the post as it respects democratic set up. And BJP is liberal party, who doesn't believe in vendetta politics.