Way Forward

Failing to appoint a Leader of Opposition could have a negative effect on Indian democracy. The absence of a countervailing opinion in appointing the Lokpal would allow the government completely free rein.

Courts cannot inquire into proceedings of Parliament, but recognising the Leader of Opposition is not a proceeding of the House within the meaning of Article 122. Hence, in the interest of the democracy and legislature’s control over government, SC can ask Speaker to appoint a leader of opposition even if his/her party fails to capture 10% seats.