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It is to be noted that the invites sent out for the ceremony state that the building shall be inaugurated by Prime Minister Narendra Modi, on Sunday, May 28.
The vacation bench of the Supreme Court today dismissed a petition seeking a direction that the new Parliament building should be inaugurated by the President of India.
"Nothing is there, we will impose costs now..", Justice Narasimha remarked as the plea was taken up.
Court further asked the petitioner to show how Article 79 was related to the issue. "You are an advocate, please show how this provision is related to inauguration, you please show us..", Justice JK Maheshwari said.
In response, Advocate CR Jaya Sukin submitted, "President is the head of the Parliament, the head of the executive has nothing to do with the parliament.. How can they decide that Head of Executive can inaugurate.."
On anticipating that the petition would be dismissed, Sukin asked for permission to withdraw. Supreme Court then asked SG Tushar Mehta, if he wanted to submit anything to which the SG said, "He should not go to the High Court.. court should say these issues are not justiciable..Court should note this.. that after this court said that it would dismiss, the advocate requested to withdraw it."
The petition stated that as the President of India Smt. Droupadi Murmu is not being invited to inaugurate the new Parliament Building, this action is not in accordance with the law.
Article 79 makes it amply clear that the President is an integral part of Parliament, but why the President was kept away from the foundation laying ceremony and now is not a part of the inauguration, shows the Respondents malpractice and deprive to the nation's people, the plea added.
"..statement issued by the Lok Sabha Secretariat on May 18 and invites issued by Secretary general, Lok Sabha about inaugurating the new Parliament building is without following the basic principles of Natural justice and violate of Article 21, 79, 87 of the Indian Constitution", Court was further told.
Such an action was also termed to be illegal, arbitrary, high handed, whimsical and unfair, abuse of authority and against the principles of Natural Justice.
Case Title: CR Jaya Sukin vs. Lok Sabha Secretariat & Ors
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