SC refuses to entertain PIL seeking direction for new Parliament building inauguration by President Murmu

26 May, 2023 | Vaishali Sharma

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The Supreme Court refused to hear a petition seeking a directive that President Droupadi Murmu inaugurate the new Parliament building on May 28.

The Supreme Court refused to hear a petition seeking a directive that President Droupadi Murmu inaugurate the new Parliament building on May 28.

Because a vacation bench of Justices JK Maheshwari and PS Narasimha was unwilling to hear the case, advocate Jaya Sukin sought to withdraw his PIL. The bench granted the advocate’s request to withdraw his plea.

¬†At the outset of the hearing, Justice Narasimha said to petitioner lawyer Jaya Sukin, “We do not understand why you come with such petitions but we are not interested in entertaining it under Article 32.”

The PIL said Lok Sabha Secretariat violated the Constitution by not inviting the President for the inauguration.

“The statement issued by the Lok Sabha Secretariat on May 18 and invites issued by the Secretary-General, Lok Sabha, about the inauguration of the new Parliament building, is in violation of the Indian Constitution,” the PIL filed by Sukin said.

“That Prime Minister is appointed by the President and other ministers are appointed by the President on the advice of the Prime Minister. The President of India is authorized to appoint constitutional functionaries such as Governors, Judges of both the Supreme Court and high court, Comptroller and Auditor General of India, chairman and manager of the Union Public Service Commissioner, Chief Election Commissioner, Financial Commissioner, and other Election commissioners,” the plea said.

The Lok Sabha Secretariat, Union Ministry of Home Affairs, and Ministry of Law and Justice were made parties in the case.

The plea stated that the respondent’s (Secretary and Union) decision was “illegal, arbitrary, high-handed, whimsical and unfair, an abuse of authority and against the principles of natural justice”.

“Respondents has violated Indian Constitution and Constitution is not being respected. 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,” it added.

On May 28, Prime Minister Narendra Modi will dedicate the new Parliament Complex. At least 21 opposition parties have decided to protest the Prime Minister’s decision to preside over the inauguration ceremony rather than President Droupadi Murmu.