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Arguments in favour of compulsorily appointing Leader of Opposition
The 10% rule came about as part of a decision by the very first Speaker, G.V. Mavalankar. This point was later incorporated in Direction 121 (1) of the Directions by the Speaker, Lok Sabha, and The Leaders and Chief Whips of Recognised Parties and Groups in Parliament (facilities) Act of 1998. Many political experts have pointed out that it has become redundant after the enactment of the Tenth Schedule of the Constitution under which even a one-member party is recognised as a legislature party. Thus, the decision on appointment of the Leader of Opposition remains a prerogative of the Speaker.
The issue again came to the fore when the Supreme Court asked the Centre to submit details on steps it has taken towards appointing a Lokpal, which has been delayed for five years.
Government had told the court that the Lokpal could not be appointed as there was no Leader of Opposition in the selection panel and a change in law that would allow the Congress - as largest opposition group - to be a member has yet to be approved in parliament.
SC told the government that the Lokpal should be set up without delay and the lack of a Leader of Opposition should not hold up the process. The ruling meant that the government can select a Lokpal without taking the Congress, the main opposition group, on board.