New Delhi, May 25: A plea has been filed in the Supreme Court seeking direction to the Lok Sabha Secretariat for the inauguration the new Parliament building by the President amid an ongoing political slugfest over the issue.
The plea filed by advocate C.R. Jaya Sukin said that the respondents — Lok Sabha Secretariat, Union of India, Ministry of Home Affairs, Ministry of Law and Justice — have violated the Constitution and it was not being respected.
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 violate Article 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 Supreme Court and high court, Comptroller and Auditor General of India, chairman and manager of 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 the 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.
