An unprecedented situation in Maharashtra

The week-long winter session of the Maharashtra Legislature concluded on December 14 in Nagpur. For the first time in the history of the State, there was no Leader of the Opposition (LOP) in both the Houses. The 10% seat strength is not a rule, but a convention for a party to be formally recognised as the official Opposition party and to have a LOP. The Congress has 10% seats in the Upper House. As the ruling dispensation overlooks precedents and the Opposition fails to put together a united front, a key question arises: is the appointment of an LOP a democratic necessity or the Speaker’s discretion?

“In a democracy, the Opposition is not only tolerated as constitutional, but must be maintained because it is indispensable. The best servants of the people, like the best valets, must whisper unpleasant truths in the master’s ear,” police commentator Walter Lippmann said in an essay, The Indispensable Opposition, in 1939.

In Maharashtra, the Opposition has been rallying against the government to seek the LOP position since last year in the Legislative Assembly, and over the last few months in the Legislative Council. During the winter session of the Assembly, the State witnessed an unprecedented situation for the first time since its formation in 1960: both Houses did not have an LOP.

The last Opposition leader in the Maharashtra Legislative Assembly was Vijay Waddettiwar from the Congress. His term expired on November 26, 2024. In the Legislative Council, the term of Shiv Sena UBT leader Ambadas Danve as LOP ended on August 29, 2025. Maharashtra’s legislative history shows that a LOP has, until now, generally been appointed without much delay.

Under the Leaders of Opposition in Maharashtra Legislature Salaries and Allowances Act, 1978, “The ‘Leader of Opposition’ in relation to either House of the State Legislature, means that member of the State Legislative Assembly or the State Legislative Council, as the case may be, who is for the time being the Leader in that House of the party in opposition to the State Government having the greatest numerical strength and recognised as such by the Speaker of the Assembly or the Chairman of the Council, as the case may be.”

Last year, when the Speaker did not appoint an LOP after Mr. Waddettiwar’s term ended, Shiv Sena UBT leader and contender for the post, Bhaskar Jadhav, wrote a letter to the Legislature Secretariat seeking in writing the rules and laws under which the appointment is made. In reply, Subhash Nalawade, Deputy Secretary of the Maharashtra Legislature Secretariat, said on December 9, 2024, “There is no specific provision for the choice of the Opposition Leader in the Maharashtra Legislative Assembly Rules. The honourable Speaker takes this decision after taking into consideration the prevalent parliamentary conventions and precedence.” Political scientist Suhas Palshikar observed that precedents, convention, and goodwill play an important role during proceedings.

While the 10% majority is a convention, it has been overlooked in the past. In 1962, the Congress had a brute majority of 215 in a House of 264 seats. The single largest Opposition party was the Peasants and Workers Party of India, with 15 seats. Opposition parties then came together to form the Samyukta Maharashtra Samiti, which was granted the status of the official Opposition party and Krishnarao Dhulap was declared the LOP. Similar instances occurred in 1967 and 1972 as well.

This time, not only has the State’s legislative precedent been overlooked, but the Opposition parties too have failed to come together to stake claim to the position. In the 2024 Assembly elections, the Shiv Sena UBT secured 20 seats, the Congress 16, and the NCP SP 10. But the letter for the LOP position has been given only by the Shiv Sena UBT. The current strength of the Legislative Assembly is 288.

In the upper House, the Congress has 10% of the total seats. It submitted a letter proposing the name of Bunty Patil for the position, on September 2. In a House of 78, the Congress has 8 MLCs, Shiv Sena UBT 5, and the NCP SP 2.

Maharashtra Chief Minister Devendra Fadnavis has maintained that it is the discretion of the Speaker and the Chairperson of both the Houses to take the decision. Maharashtra Assembly Speaker Rahul Narwekar said that the Opposition party staking claim to the position should have 10% seats in the House.