New Delhi, May 25: A plea has been filed in the Supreme Court, seeking direction to the Lok Sabha Secretariat for the inauguration of the new Parliament building by the President amid an ongoing political slugfest over the issue.
The plea, filed by advocate C.R. Jaya Sukin, alleges that the respondents—the Lok Sabha Secretariat, Union of India, Ministry of Home Affairs, and Ministry of Law and Justice—have violated the Constitution and disregarded its principles.
According to the plea, the statement issued by the Lok Sabha Secretariat on May 18, as well as the invitations issued by the Secretary General of Lok Sabha regarding the inauguration of the new Parliament building, were done without following the basic principles of natural justice and have violated Articles 21, 79, and 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,” the petition states.
The plea argues that the President appoints the Prime Minister and other ministers on the advice of the Prime Minister.
Furthermore, it asserts that the President is authorized to appoint constitutional functionaries such as governors, judges of both the Supreme Court and high courts, the Comptroller and Auditor General of India, the chairman and manager of the Union Public Service Commission, the Chief Election Commissioner, financial commissioners, and other election commissioners.
“The main function of both Houses is to make laws. Every bill must be passed by both Houses and assented to by the President before it becomes law,” the plea adds.
“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.
“According to Article 85, the President can summon each House of Parliament to meet at such time and place as deemed fit, ensuring 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 further states.
