Supreme Court of India has refused to entertain a Public Interest Litigation (PIL) requesting that the inauguration of the new Parliament building be conducted by the President of India instead of the Prime Minister.
The petitioner, Advocate CR Jaya Sukin, withdrew the matter after a bench comprising Justices JK Maheshwari and PS Narasimha expressed disinclination to entertain the PIL.
The bench questioned the petitioner's interest in the matter, to which the petitioner responded by stating that the President is the head of the executive and "my president." However, the bench expressed its lack of interest in entertaining the petition under Article 32 of the Constitution, which deals with the right to move the Supreme Court for the enforcement of fundamental rights.
The petitioner cited Article 79, which states that Parliament comprises the President and the two houses, and Article 87, which pertains to the special address by the President at the commencement of a Parliament session. The bench, however, failed to find a direct connection between these provisions and the inauguration of the new building.
The bench was inclined to dismiss the petition but granted the petitioner permission to withdraw the matter. The Solicitor General of India, Tushar Mehta, objected to the withdrawal, suggesting that the Court should definitively state that such matters are not justiciable. However, the petitioner clarified that they had no plans to approach the High Court and wanted to withdraw to prevent the dismissal from becoming a "certificate to the executive."
In the recorded order, the bench noted that the petitioner chose to withdraw the petition after arguing for some time, as the Court was not inclined to entertain the matter.
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