Updated May 26th, 2023 at 12:51 IST

SC refuses to entertain PIL seeking inauguration of new Parliament by President Murmu

The Supreme Court on Friday dismissed the plea filed by the petitioner in connection with the new parliament building inauguration and rapped up the petitioner.

Reported by: Astha Singh
SC Dismisses PIL Seeking Inauguration Of New Parliament By President | Image:self
Advertisement

The Supreme Court on Friday dismissed the plea filed by the petitioner in connection with the new parliament building inauguration and rapped up the petitioner for directly approaching the Apex Court instead of the High Court. The hearing came in connection with the Petition filed by the Advocate CR Jaya Sukin as party-in-person seeking direction that the new parliament building should be inaugurated by the President of India instead of the Prime Minister

The two-judge bench comprising Justices JK Maheshwari and PS Narasimha expressed disinclination to entertain a Public Interest Litigation. 

"What is your interest?", the bench asked.

"The head of the executive is the President... President is my president", the petitioner said.

The top Judges questioned the relation of Article 79 with the inauguration as the petitioner stated that the Executive head is the only head who should deliver an open address and cited Article 87. unconvinced by the petitioner's arguments, the bench dismissed the petition. 

Tushar Mehta, Solicitor General of India stated that the petitioner should not be allowed to withdraw the petition, as he will file the same petition in the High Court. The SG said that the Court should conclusively say that these matters are not justiciable.

"Will you approach HC? Then we will dismiss", the bench asked

The petitioner said, "I will not go to HC. But withdrawing because the dismissal will mean that they have a certificate to do this".

The vacation bench observed that after arguing for some time, the counsel has withdrawn the petition and the court was not inclined.

Parliament Row In Supreme Court

The Public Interest Litigation (PIL) filed before the Apex Court stated that the Parliament is the supreme legislative body of India. The Indian Parliament comprises the President and the two Houses - Rajya Sabha (Council of States) and Lok Sabha(House of the People). The President has the power to summon and prorogue either House of Parliament or to dissolve Lok Sabha.

The petitioner has filed this writ petition urging the Top court to issue a direction that the new Parliament building should be inaugurated by the President of India. The Petitioner further stated that the Lok Sabha Secretariat has violated Indian Constitution by not inviting the President for the inauguration. Citing the Lok Sabha Secretary General's recent statement that was issued on May 18 which said that the new Parliament building will be inaugurated by Prime Minister Narendra Modi on May 28. 

The President of India Droupadi Murmu is not being invited to the inauguration of the new Parliament Building. Indian President enjoys certain powers and performs a variety of ceremonial functions. The powers of the President include Executive, Legislative, Judiciary, emergency, and military powers. That Respondents are the inauguration of the new Parliament Building is not according to Law', the PIL said.

The petition further stated, "Apex Court interference need to save democracy of this Nation".

Advertisement

Published May 26th, 2023 at 12:40 IST