SC Junks Lawyer's Plea Seeking President To Inaugurate New Parliament Building
The Supreme Court has dismissed a plea seeking direction to the Lok Sabha Secretariat to get the new Parliament building inaugurated by the President of India, Droupadi Murmu.
A vacation bench of Justice J.K. Maheshwari and Justice P.S. Narasimha while hearing the matter dismissed the petition as withdrawn, as the bench was not inclined to interfere.
As soon as the matter was called, the bench remarked, "You have all the time in the world, we will impose cost on you".
"We are not inclined to interfere under Article 32 of the Constitution", Justice Narasimha further added.
Justice Maheshwari then asked, "how is Article 79 relevant...how is it related to address and inauguration".
To which Advocate Jayasukin, petitioner appearing in person, submitted that as the President is the head of the Parliament, therefore being the executive head, she should be the only head who should open.
"You are an advocate, please show us how Article 79 is related to address and inauguration, it is not the function of this Court to look into", Justice Maheshwari asked.
After making submissions, Jayasukin then urged the Court to grant him permission to withdraw the case, if the matter is to be dismissed.
"After arguing for some time, the petitioner in person seeks to withdraw, Mr. SG do you have to something to say?", asked Justice Narasimha.
As far as withdrawal is concerned, he would could go to the High Court and pray for the same relief, I would request the Court to conclude that the matter is not justiciable", Solicitor General Tushar Mehta submitted in response.
"Will you go to the High Court? I will curtail it", Justice Maheshwari asked while turning towards the advocate.
The petitioner said in the petition that the interference of the Apex Court is needed to save the democracy of the country.
The plea filed by one C.R. Jaya Sukin, an Advocate from Tamil Nadu, claimed that the invites issued by the Secretary General of the Lok Sabha about inaugurating the new Parliament building has violated Indian Constitution. The Petitioner cites the Constitutional provisions regarding the powers and functions of the President of India.
"That President of India Smt. 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 inauguration of the new Parliament Building is not according Law", the petition read.
The petitioner claimed that as per Article 79 of the Constitution, "the President is an integral part of Parliament" and that to keep the President away from the foundation laying ceremony and now the inauguration is malpractice.
Furthermore, that the statement issued by the Lok Sabha Secretariat on May 18 and the invites issued by the Secretary General of Lok Sabha about the inauguration of the new Parliament building is without following the basic principles of Natural justice and is violative of Articles 21, 79, 87 of the Indian Constitution
The petition has been filed by the petitioner in person. Twenty opposition parties, including the Congress, have declared that they will boycott the inauguration of the new Parliament building. However, the Shiromani Akali Dal (SAD), Biju Janata Dal (BJD), Telugu Desam Party (TDP) and the Yuvajana Shramika Rythu Congress Party (YSRCP) have announced that they will participate in the event.
Home Minister Amit Shah had announced that the ceremonial sceptre or Sengol given to India's first Prime Minister Pandit Jawaharlal Nehru to symbolise the transfer of power in August 1947 will be installed in the new Parliament building.
Cause Title: C.R. Jaya Sukin v. Lok Sabha Secretariat & Ors.
