The Supreme Court dismissed a public interest litigation (PIL) on Friday that sought a directive for the Lok Sabha Secretariat to have the president inaugurate the new Parliament building.
A vacation bench consisting of Justices J.K. Maheshwari and P.S. Narasimha expressed their unwillingness to entertain the petitioner’s plea under Article 32 and questioned the relevance of Article 79 in this matter.
The bench asked the petitioner why they had approached the court with such a petition. Advocate C.R. Jaya Sukin argued that the president, being the head of Parliament, should be the one to inaugurate the building, contending that the current arrangement violated Article 79 and 87.
Sukin questioned the legitimacy of the prime minister inaugurating the new Parliament building instead.
After the bench declined to entertain further submissions, Sukin agreed to withdraw the petition.
According to the plea filed by Advocate C.R. Jaya Sukin, the Lok Sabha Secretariat, the Union of India, the Ministry of Home Affairs, and the Ministry of Law and Justice had violated the Constitution, alleging a lack of respect for its provisions.
The plea criticized the statement issued by the Lok Sabha Secretariat on May 18 and the invitations sent by the Secretary-General, Lok Sabha, for the inauguration of the new Parliament building, stating that these actions were arbitrary and lacked proper review of records and due consideration.
“The Parliament is the highest legislative body in India. It consists of the President and the two houses, namely the 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 the Lok Sabha,” the petition stated.
The plea argued that the president appoints the prime minister, who in turn appoints other ministers based on the president’s advice.
Furthermore, the plea highlighted that the president is authorized to appoint constitutional functionaries such as governors, judges of both the Supreme Court and high courts, the Comptroller and Auditor General of India, the chairman and manager of the Union Public Service Commission, the chief election commissioner, the financial commissioner, and other election commissioners.
“The primary function of both houses is to enact laws. Every bill must be passed by both houses and receive the president’s assent before becoming law,” the plea emphasized.
It further stated, “Article 87 of the Constitution specifies two instances when the President addresses both Houses of Parliament. The President of India addresses both the Rajya Sabha and the Lok Sabha at the beginning of the first session after each general election when the reconstituted Lower House convenes for the first time.
The President also addresses both Houses at the beginning of the first session of each year.”
The plea also referred to Article 85, which grants the President the authority to summon each House of Parliament to meet at any time and place they deem appropriate, ensuring that no more than six months elapse between the last sitting of one session and the scheduled date for the next session. (Edited)