SC refuses to entertain PIL for inauguration of new Parliament by President
- In Reports
- 09:49 PM, May 26, 2023
- Myind Staff
The Supreme Court on Friday dismissed a PIL seeking a direction for its inauguration by President Droupadi Murmu.
A Vacation Bench of Justice JK Maheshwari and Justice PS Narasimha dismissed the PIL filed by advocate CR Jaya Sukin after he failed to make out a case for the Supreme Court’s intervention in the matter under Article 32 of the Constitution which is meant for enforcement of fundamental rights.
"What’s your interest? We don't understand why you come with such petitions...we're not interested in entertaining it under Article 32,” the Bench said.
"The head of the Executive is the President... President is my president,” the petitioner asserted.
As he referred to Article 79 of the Constitution and said Parliament comprised the President and the two Houses and insisted that the President as the head of Parliament should inaugurate the new building, the Bench asked "How is Article 79 related to the inauguration?"
The petitioner sought to withdraw the PIL after the Bench made it clear that it would dismiss it.
However, the Bench went on to dismiss the PIL after Solicitor General Tushar Mehta said the petitioner would go to other forums and raise the issue again.
Prime Minister Modi is scheduled to inaugurate the new Parliament Building on May 28 following an invitation by the Lok Sabha Speaker. The BJP-led NDA has termed the opposition stand a "blatant affront to democratic ethos and constitutional values of our great nation".
Sukin -- who hails from the Kanyakumari district of Tamil Nadu -- alleged that the Lok Sabha Secretariat violated the Constitution by not inviting the President for the inauguration.
"Further, Article 87 says that at the beginning of every Parliament session, the President shall address both Houses and inform Parliament of the causes of its summons. But the respondents (Lok Sabha secretariat and Union of India) are trying to 'humiliate' the President. The President of India Droupadi Murmu is not being invited to the inauguration of the new Parliament building," his petition read.
Sukin contended in his petition that the May 18 statement issued by the Lok Sabha secretariat and invites issued by the Lok Sabha Secretary General about the inauguration of the new Parliament Building went against the Constitution.
According to the Constitution, Parliament consists of the President of India and its two Houses -- the Rajya Sabha and the Lok Sabha, the petitioner submitted.
Highlighting that the President is the first citizen of India and head of the institution of Parliament, Sukin sought a direction that the president inaugurates the new building. The petitioner said the decision not to invite the President was “illegal, arbitrary, high-handed, whimsical and unfair, abuse of authority and against the principles of natural justice”.
The decision regarding the Prime Minister to launch the new Parliament building has been widely criticized by nearly 20 opposition parties such as Congress, Left, TMC, SP, and AAP who have chosen not to attend the inauguration ceremony. The National Democratic Alliance, headed by the BJP, has described the opposition's position as a direct challenge to the democracy and values enshrined within the country's constitution.
PM Modi is set to host around 25 political parties at the new Parliament Building's inauguration. In addition to the 18 individuals representing the ruling NDA, there will be seven other parties not affiliated with the NDA present at the event. Seven political parties that are not part of the National Democratic Alliance, including the BSP, Shiromani Akali Dal, Janata Dal (Secular), Lok Janshakti Party (Ram Vilas), YSR Congress, BJD, and TDP, are expected to attend the event.
Image Source: SCC