SPEAKER'S ANNOUNCEMENT IN THE HOUSE OUGHT TO BE SUPPLEMENTED BY ISSUANCE OF GAZETTE NOTIFICATION, SAYS ADVOCATE HEMANT KUMAR  

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It has been over three years since the current 14th Legislative Assembly of State of Haryana got constituted with effect from Oct 25, 2019 pursuant to issuance of statutory notification by Election Commission of India (ECI) under Section 73 of Representation of the People Act, 1951 post conclusion of Assembly General Elections. 

Gian Chand Gupta

The same day, Gupta as Speaker made an announcement in the House recognizing Bhupinder Singh Hooda, leader of then 31 member Congress Legislature Party (CLP) as Leader of Opposition (LoP) in the Assembly. Meanwhile, the strength of Congress in the House has since been reduced to 30. 

However even after passage of three years, neither the Haryana Vidhan Sabha Secretariat nor the Parliamentary Affairs Department of State Government has issued any sort of Public/Gazette Notification in this regard i.e. pertaining to duly notifying the name of BS Hooda as recognized LoP in the State Assembly.  

High Court Advocate Hemant Kumar, asserted that in Haryana there is no practice for issuance of such sort of Notification. A recent reply provided under RTI by Assembly Secretariat substantiates this fact. However, in March, 2021, the Rules of Procedure and Conduct of Business in Haryana Legislative Assembly were amended and in Rule 2 therein, Leader of the Opposition was explicitly defined therein who would be recognized as such by the Speaker. 

B.S.Hooda

Meanwhile, an Advocate at Punjab and Haryana High Court, Hemant Kumar, asserted that in Haryana there is no practice for issuance of such sort of Notification. A recent reply provided under RTI by Assembly Secretariat substantiates this fact. 

However, in March, 2021, the Rules of Procedure and Conduct of Business in Haryana Legislative Assembly were amended and in Rule 2 therein, Leader of the Opposition was explicitly defined therein who would be recognized as such by the Speaker. On August 17 this year, it got further amended and it has been inserted therein that a Notification to this effect (i.e. regarding LoP) shall be published in the Official Gazette. However the same remains to be issued in respect of Hooda.  

Few months back, Hemant also wrote to the Assembly Speaker and State Government in this regard but in vain. He even mentioned the example of neighboring State of Punjab wherein on April 25, 2022 a similar sort of Notification was published in Punjab Government Gazette by State's Parliamentary Affairs Department pertaining to notifying name of PS Bajwa as LoP in Punjab Vidhan Sabha under Section 9 of Salary and Allowances of Leader of Opposition in Legislative Assembly Act, 1978. 

Be that as it may, Hemant said that unlike Punjab, the Legislative Assembly of Haryana has till date not enacted any sort of law regarding Salaries and Allowances of LoP but nevertheless Section 2(d) of Haryana Legislative Assembly (Salary, Allowances and Pension of Members ) Act, 1975 defines LoP as member of the Assembly. Also Section 4 of ibid 1975 Act makes Special Provisions regarding LoP’s Salary, Allowances and other facilities/perquisites etc. which are equivalent in the rank and status to that of a Cabinet Minister in Haryana. Even the income tax on LoP's Salary and Allowances is paid by the State Government from the public exchequer as is done in case of Chief Minister/Ministers.

Hemant recalls that earlier too, Hooda remained LoP in Haryana Assembly firstly during the tenure of OP Chautala Government during Aug, 2002 to May, 2004 after former CM Bhajan Lal was replaced by Hooda and secondly during fag end of Khattar-1 dispensation i.e. for a month in Sep-Oct, 2019 when then CLP leader Kiran Chowdhry was replaced by Hooda.

The Advocate also asserts that although after announcement made by the Speaker in the House on Nov 4, 2019 pertaining to recognizing Hooda as LoP in the Assembly, the same was conveyed to the State Government by Assembly Secretariat, still a Public/Gazette Notification in this regard ought to be essentially issued since post of LoP is although not Constitutional but nevertheless it is statutory in nature viz. under Section 2(d) of 1975 Act as mentioned hereinbefore.

Even otherwise, Hemant asserts that whenever the Assembly Speaker makes any sort of announcement in the House be it in his administrative or legislative capacity regarding the constitution of any Select/Standing Committee comprising members of the House to examine any pending Bill/Legislation or takes any decision for some other purpose, then the same is also immediately and duly notified in the Official Gazette by Vidhan Sabha Secretariat. In case of both Houses of Parliament viz. Lok Sabha and Rajya Sabha too, similar sort of Notifications pertaining to LoP in both Houses are also published in Gazette of India.