
India's Supreme Court on Friday quashed a plea that sought directions from the top court that the inauguration of the new Indian Parliament building should be done by the President of India Draupadi Murmu instead of Prime Minister Narendra Modi. The bench consisting of Justices JK Maheshwari and PS Narasimha declined to entertain the Public Interest Litigation which was filed by petitioner Advocate CR Jaya Sukin.
"What is your interest?", the bench questioned. "The head of the executive is the President... President is my president", the petitioner said.
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Giving argument to the petitioner, Justice Narasimha said "We don't understand why you come with such petitions...we're not interested in entertaining it under Article 32".
The petitioner referred to Article 79 of the Indian Constitution, according to which, the Parliament of India comprises President and the two houses, Lok Sabha (lower house) and Rajya Sabha (upper house).
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"How is Article 79 related to the inauguration?", Justice Maheshwari raised question. "President is the head of the parliament, he should open the building. Executive head is the only head who should open....", the petitioner submitted.
The bench was not convinced by the arguments put forth by the petitioner and just as it was about to decline the pleas, the petitioner requested permission to withdraw it.
However, Solicitor General of India Tushar Mehta said that the pleas must not be allowed to withdraw as doing that will lead to the petitioner filing the same petition in the High Court.
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Mehta insisted that the apex court should conclusively declare that the matter is not justiciable, reported Live Law.
Upon this, the petitioner said that he has no plans to go to the High Court. Giving reasoning for the same, he said he was withdrawing the plea so that the dismissal will not become a "certificate to the executive." The plea was later withdrawn upon the court's disinterest to entertain the matter.
"President of India Smt. Droupadi Murmu is not being invited to the inauguration of the new Parliament Building. Indian President enjoys certain powers and performs a variety of ceremonial functions. The powers of the President include Executive, Legislative, Judiciary, emergency, and military powers...", the petition said.
As many as 19 opposition political parties have decided to boycott theinauguration ceremony of the new Parliament building.“In short, the Parliament cannot function without the President. Yet, the Prime Minister has decided to inaugurate the new Parliament building without her. This undignified act insults the high office of the President, and violates the letter and spirit of the Constitution. It undermines the spirit of inclusion which saw the nation celebrate its first woman adivasi President,” a joint statement by the parties said.
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