The Supreme Court on Friday decided to consider a plea for direction to the Centre to take steps to create an appropriate system empowering citizens to petition the Parliament and seek the initiation of debate, discussion, and deliberation on the issues and concerns highlighted by them.
While expressing reservation initially, a bench of Justices K M Joseph and B V Nagarathna asked the petitioner, if allowed, this could impede the functioning of the Parliament, as India has a huge population, as compared to other countries, having such a system.
The bench asked advocate Rohan J Alva, representing the petitioner Karan Garg, “You want it to be declared as part of Article 19(1) (a) of the Constitution. It will completely clog the working of Parliament”.
Alva, assisted by advocate Aby P Varghese, said that the petition raised substantial questions of constitutional law. There is an engaged electorate, which is attentive to issues but there is no avenue to engage with the lawmakers after they have been elected.
"How is your writ petition maintainable against the Lok Sabha and the Rajya Sabha," the bench asked the counsel who said the system is prevalent in the House of Commons.
"We are based on the Westminster model, and these practices are in vogue abroad," the counsel said.
The top court asked the counsel to serve the petition to the central government’s standing counsel.
"Let us see what they have to say," the bench said as it fixed the matter for further hearing in February.
The petitioner made the Union of India through its secretary, Lok Sabha through its secretary general, and Rajya Sabha through its secretary general.
The plea sought a declaration that citizens have a fundamental right to directly petition the Parliament and invite discussion on important issues of public interest.
(Published 28 January 2023, 02:48 IST)
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