The Supreme Court on Friday dismissed a petition asking the Lok Sabha Secretariat to direct that the new parliament building be inaugurated by the President of India, Droupadi Murmu, rather than the Prime Minister Narendra Modi.
The petitioner, advocate CR Jaya Sukin, has no locus to file such petitions, according to a vacation bench of Justice JK Maheshwari and Justice PS Narasimha, and the advocate should be grateful that the Court is not imposing costs on her.
“What is your locus? We know why you file such petitions. We are not inclined to interfere under article 32. Be grateful we are not imposing costs,” the bench stated.
The petitioner requested permission to withdraw the plea, but the same was denied.
Appearing on behalf of the Union, Solicitor General Tushar Mehta stated, “Withdrawal being allowed will give him liberty to move High Court. These are not justiciable. The court should note it.”
“After arguing for quite sometime, the petitioner in person seeks to withdraw. We dismiss the petition,” the bench directed.
Prime Minister Narendra Modi is scheduled to inaugurate the new parliament building on May 28, 2023.
According to the petition filed by advocate CR Jaya Sukin, the statement issued by the Lok Sabha Secretariat on May 18 and the invitations issued by the Secretary General of the Lok Sabha for the new building’s inaugural function are in violation of the Indian Constitution.
“That President is the First Citizen of India this regard and head of the institution of parliament….That all important decisions regarding the country are taken in the name of Indian President,” the plea stated.
It went on to say that the parliament, which consists of the President and the two Houses, Rajya Sabha and Lok Sabha, is the supreme legislative authority in India, and that the President has the authority to summon and prorogue the parliament as well as dissolve the Lok Sabha.
The petition argued, citing Article 79 of the Indian Constitution, that the President is an integral part of the parliament and thus should not be barred from attending the inauguration.
