The Salary and Allowances of Leaders of Opposition in Parliament Act, 1977

Summary of the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977
Key Provisions Summary
1. Short Title & Commencement
• Title: Salary and Allowances of Leaders of Opposition in Parliament Act, 1977
• Commencement: Date notified by the Central Government in the Official Gazette
2. Definition of Leader of the Opposition
• Member of the Council of States or the House of the People leading the party with the greatest numerical strength in opposition, recognized by the Chairman of the Council of States or the Speaker of the House of the People.
3. Salary and Allowances
• Salary: Same as members of Parliament (per mensem)
• Daily Allowance: Same rate as for members of Parliament
• Constituency Allowance: Same rate as for members of Parliament
• Sumptuary Allowance:
• Initially: ₹1,000 per mensem
• From 17th September 2001: At the same rate as for Ministers who are members of the Cabinet
4. Residence
• Entitlement: Furnished residence without rent for the Leader and for one month after ceasing to be Leader
• Family Entitlement after Leader’s Death:
• One month without rent
• Additional month with rent and utility charges
5. Travelling and Daily Allowances
• For journeys to/from Delhi for assuming/relinquishing office
• For official duty tours (sea, land, air)
• From 17th September 2001: Same rates and return journeys as for Ministers and their families
6. Medical Treatment
• Free accommodation in Government hospitals and medical treatment for the Leader and their family
7. Amenities
• Telephone and Secretarial Facilities
• Conveyance Allowance: ₹3,000 per month (unless conveyance with driver is provided)
8. Advance for Motor Car Purchase
• Repayable advance as per rules for purchasing a motor car
9. Income Tax Exemption
• Rent-free furnished residence (including maintenance) not included in income for tax purposes
10. Power to Make Rules
• Central Government may make rules for the Act’s purposes, subject to parliamentary approval process

Legislative History:

The Salary and Allowances of Leaders of Opposition in Parliament Act, 1977

● Act Title - The Salary and Allowances of Leaders of Opposition in Parliament Act, 1977

● Act Number / Year - 33 of 1977

● Act ID (India Code) - 197733

● Presidential Assent Date - April 18, 1977

● Enforcement Date - November 1, 1977

● Nodal Ministry - Ministry of Parliamentary Affairs

Precedent & Historical Rationale

● Statutory Recognition of the Opposition - Enacted by the newly elected Janata Party government following the 1977 general elections to give formal statutory recognition to the role of the Leader of the Opposition in both the Lok Sabha and Rajya Sabha.

● Strengthening Parliamentary Democracy - Formulated to accord the Leader of the Opposition an official rank, status, and salary equivalent to that of a Cabinet Minister. This provided statutory resources, administrative staff, secretarial facilities, travel allowances, and official residence to enable the principal opposition leaders to discharge their constitutional and parliamentary responsibilities effectively.

Parliamentary Trajectory & Enactment

● Formulation - Introduced by the Union Ministry of Parliamentary Affairs to institutionalize parliamentary conventions similar to those of Westminster-style democracies.

● Parliamentary Passage - Debated and passed by both Houses of Parliament (Sixth Lok Sabha and Rajya Sabha) during the monsoon session in August 1977.

● Presidential Assent - Received Presidential Assent on April 18, 1977.

● Enforcement - Enforced on November 1, 1977 .

Source - Official Record of Parliament, India Code, and Ministry of Parliamentary Affairs.