"Knocking the court's door is one of the options, but we will wait and watch for now," said a Congress leader who did not wish to be named.
The source, however, added that the issue was being discussed right now and a final decision has not been taken.
The Congress, with 44 members, is the second largest party in the Lok Sabha. However, it falls short of the 10 percent mark -- 55 members in the 545-member house -- which the ruling Bharatiya Janata Party has cited as mandatory in rules for getting the main opposition party status.
The Congress has been trying to impress upon the government that it should be given the top opposition post, but the government has not budged so far.
Congress leader in Lok Sabha Mallikarjun Kharge and chief whip Jyotiraditya Scindia met Speaker Sumitra Mahajan last week in this connection.