The Leader of the Opposition is the politician who leads the official opposition in either House of the Parliament of India. To claim the status of “official opposition” in either house a party has to secure 55 seats (10%) of the seats in the Lok Sabha and likewise 25 (10%) of the seats in the Rajya Sabha.
It received statutory recognition through the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977 which defines the term “Leader of the Opposition” as that member of the Lok Sabha or the Rajya Sabha who, for the time being, is the Leader of that House of the Party in Opposition to the Government having the greatest numerical strength and recognised, as such, by the Chairman of the Rajya Sabha or the Speaker of the Lok Sabha.
As per the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977 by which the post has got official and statutory status, the majority required is decided by the heads of the houses, that is speaker and chairman as the case may be. Hence, statement 1 is correct and 2 is incorrect.