Abhishek Singhvi said he is keen to challenge the rule cited to deny Congress the status.
Congress leader Abhishek Singhvi on Friday said the single largest party in Lok Sabha deserves the post of Leader of Opposition and alleged that the rule cited to deny it the status was unconstitutional.
The eminent lawyer said he is keen to challenge the rule, if the party permits.
The Congress leader also called for constructive introspection and said this was a "transition period" for the party that would also pass.
The Congress did not get the post of Leader of Opposition in the last Lok Sabha as it had only 44 seats in 2014, which is below the 10 per cent seats mark as cited in the rule. After having won 52 Lok Sabha seats in this general election, the Congress is unlikely to get the post this time again.
"Denying the Congress the Leader of Opposition is illegal. No Act of Parliament states that the Congress cannot be given the post if it gets less than 10 per cent of total Lok Sabha seats. There is no convention either. The Congress deserves the post," Mr Singhvi said.
"How can you create this rule without any statutory mandate," he said.
"I will challenge the rule as it is unconstitutional and it is not statutory," he said.
"If given an opportunity, I would like to challenge the rule in my individual capacity. But, I need the party's permission for challenging the rule," he said.