New Delhi: Amid the political debate over the inauguration of the newly built Parliament which is set to be held by Prime Minister Narendra Modi, a plea in the Supreme Court sought a direction to the Lok Sabha Secretariat to have the inauguration of the new Parliament performed by the President instead of the Prime Minister.
The petitioner, advocate C.R. Jaya Sukin, argues that the respondents, including the Lok Sabha Secretariat, Union of India, Ministry of Home Affairs, and Ministry of Law and Justice, have disregarded the Constitution and its principles.
The plea said the 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 violates Articles 21, 79, 87 of the Constitution.
“Parliament is the supreme legislative body of India. The Indian Parliament comprises 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,” said the petition.
The plea contended that the Prime Minister is appointed by the President and other ministers are appointed by the President on the advice of the Prime Minister.
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 added.
“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 houses at the beginning of the first session of each year.
“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,” the petition added.
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