JOIN USParliament building row: PIL filed in Supreme Court seeking inauguration by President Droupadi Murmu
Amid the boycott declaration by major Opposition parties, a Public Interest Litigation has been filed in the Supreme Court for issuing a direction that the new Parliament building should be inaugurated by the President of India, and not by Prime Minister Narendra Modi.
A practising lawyer, C R Jaya Sukin, had filed the petition in the court, contending that the Lok Sabha Secretariat violated the Constitution by not inviting the President for the inauguration slated for Sunday, May 28.
"The statement issued by the Lok Sabha Secretariat on May 18 and invites issued by Secretary General, Lok Sabha about the inauguration of the new Parliament building is issued in an arbitrary manner without proper perusal of the records and without proper application of mind," Sukin, claimed in his plea.
He claimed the central government and Lok Sabha Secretariat, have violated the Constitution.
"The Parliament is the supreme legislative body of India. The Indian Parliament comprises of 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 petition stated.
It made Lok Sabha Secretariat, Union of India, Ministry of Home Affairs, and Union of India, Ministry of Law and Justice as parties to the plea.
The plea submitted that the president is authorised 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. “That main function of both the Houses is to make laws. Every Bill has to be passed by both the Houses and assented to by the President before it becomes law,” it said.
It also pointed out, Article 87 of the Constitution provides two instances when the President specially 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 meets for the first time. The President also addresses both the houses at the beginning of the first session of each year,” it said.
Under Article 85, the President can summon each House of Parliament to meet at such time and place as he thinks fit, to ensure that six months shall not intervene between its last sitting in one session and the date appointed for its sitting in the next session, it added.