While taking the right step in the right direction, the Supreme Court in a learned, laudable, landmark and latest judgment titled CR Jaya Sukin vs Lok Sabha Secretariat & Ors in Writ Petition(s) (Civil) No(s). 606/2023 that was pronounced as recently as on May 26, 2023 refused to entertain a Public Interest Litigation seeking a direction to the Lok Sabha Secretariat and the Union Government to get the new Parliament building inaugurated by the President instead of PM Shri Narendra Modi. At a time when the popularity of PM Shri Narendra Modi is growing by leaps and bounds all across the globe crossing all limits with even American President Joe Biden courting him and acknowledging his huge popularity seeking autograph and so also from other global leaders all across the aisle, it does not make any sense at all as to why some of the Opposition parties who had opposed tooth and nail the election of President Droupadi Murmu to the highest post are now hell bent in making it a prestige issue when so many other Opposition leaders and 25 Opposition parties like Bahujan Samajwadi Party, Akali Dal, TDP, BJD and YSR Congress party among others are supporting the same by attending the inauguration event of the new Parliament building. The Union government has dismissed the allegations that the decision undermined the office of the President and violated the letter and spirit of the Constitution and minced absolutely no words to say that the boycott decision showed “contempt for the essence of democracy”.
My own understanding tells me that the Opposition parties could have been more accommodative in its approach. Not convinced by the arguments of the petitioner and advocate CR Jaya Sukin, a vacation Bench of Hon’ble Mr Justice JK Maheshwari and Hon’ble Mr Justice PS Narasimha said that, “You tell us how the provisions of Constitution are related to inauguration of the new Parliament.” No wonder, we saw how after the vacation Bench of Apex Court expressed disinclination to entertain the PIL filed by Advocate CR Jaya Sukin, the petitioner withdrew the matter.
As it turned out, the Apex Court minced just no words at all in holding in this notable judgment that, “After hearing the petitioner-in-person for some time, we were not inclined to accept his submissions. Facing the said difficulty, the petitioner has sought leave to withdraw this Writ Petition. In view of above, the writ petition under Article 32 of the Constitution of India filed by the petitioner stands dismissed as withdrawn.” Very rightly so!
While appearing for the Centre, the Solicitor General Tushar Mehta said if the petition is allowed to be withdrawn, then it will be filed in the High Court. He pointed out that, “These issues are not justiciable. It may be dismissed as withdrawal will mean that he will again approach the High Court.” We must note here that advocate CR Jaya Sukin while responding however said that he does not intend to file another petition. He also clarified that he sought a withdrawal as plea dismissal will mean that action of the executive in keeping the President away from ceremony has been held to be correct.
Unquestionably, PM Shri Narendra Modi is absolutely right when he says that the new Parliament will make every Indian proud and shared a video of the complex asking all citizens to make up clips with their own voiceovers. It cannot be just glossed over by anyone that none other than the former Chief Minister of Jammu and Kashmir Shri Omar Abdullah too did not lag behind in praising the new building. He was magnanimous enough to graciously concede forthrightly that, “Setting aside the brouhaha about the inauguration for a moment, this building is a welcome addition. The old Parliament House has served us well but as someone who has worked there for a few years, a lot of us often spoke amongst ourselves about the need for a new and improved Parliament building. Better late than never is all I’ll say and this one looks pretty damn impressive.”
It ought to be mentioned here that BJP national Chief and party President – Shri JP Nadda too pulled back no punches to say that most Opposition parties weren’t practitioners of real democracy. He also tweeted noting that, “What connects most parties which are boycotting the inauguration of the new Parliament building? The answer is simple – they are dynasty-run political parties, whose monarchic methods are at loggerheads with the principles of republicanism and democracy in our Constitution.”
It must be mentioned here that the ceremony on May 28 will begin with an early morning havan and a multi-religion prayer, followed by a formal inauguration by PM Shri Narendra Modi. Let me bring out here that my own mother says that she just fails to comprehend why some of the Opposition parties are trying to make a mountain out of a molehill and why so much of brouhaha on such a momentous occasion and why they are not presenting a united face which would have definitely boosted further India’s message and sent the right message all across the globe that India is one on such a strong national issue.
It must be brought out here for my esteemed readers exclusive information that the construction of the new Parliament building had started in January 2021 after PM Shri Narendra Modi had laid the foundation stone and performed a bhoomi pujan on December 10, 2020. It must be also mentioned here that the building is a part of the redevelopment of the Central Vista area which stretches from Rashtrapati Bhavan and extends till India Gate that was proposed by the Central Public Works Department of the Union Housing and Urban Affairs Ministry in 2019. It must be definitely mentioned here that this historic building was designed by HCP Design, Planning and Management Ltd, which is the CPWD’s consultant for the entire Central Vista revamp.
It is also worth noting that this new Parliament building that is spread over 64,500 square metres has bigger Lok Sabha and Rajya Sabha chambers. The total seating capacity will also increase from 543 in the existing building to 888 and from 250 to 384 in the Rajya Sabha. In addition, we must note here that the Lok Sabha chamber will be able to accommodate additional seating up to 1272 seats. The new building does not have a Central Hall and the new Lok Sabha chamber will be used for joint sittings of both Houses.
It is really good to note that while moving a step forward, the Defence Minister Rajnath Singh on May 26, 2023 urged fervently the opposition parties which have decided to boycott the inauguration of the new Parliament building to reconsider their decision and be part of the historic ceremony. Rajnath rightly pointed out that it was a historic occasion and parties should rise above political lines and also suggested that they should not drag the President of India into the controversy. Further, Rajnath has a valid point when he says that, “The new building of the Parliament is going to be inaugurated on May 28. No one should politicize this, the new Parliament is a symbol of democracy and the aspiration of all Indians. It is my appeal to all parties who have decided to boycott the inauguration of the Parliament that they should rethink their decision.”
Furthermore, Rajnath Singh also said that it is a great historical event and there will be many more opportunities further for doing politics on various issues. He also had a word of sagacious advice when he said that, “The opposition parties should understand the difference between a constitutional session and a social gathering. A session has not been called in the Parliament, it is just the inaugural ceremony.” He also further hastened to add that, “Parties should also refrain from dragging the President of India into any controversy.” No denying or disputing it!
It is good to note that the new Parliament building has the highest green rating. It boasts of an inbuilt process that makes it highly efficient in energy, water and other inputs utilization and has green building certification of GRIHA (Green Rating for Integrated Habitat Assessment) 5 Star. There is also provision of a decentralized sewage treatment plant that will recycle water and use it for flashing and irrigation needs.
All said and done, we thus see that the Apex Court very rightly rejects PIL on new Parliament inauguration. The earlier Parliament enacted way back in 1927 after nearly six years and was inaugurated by the then Viceroy of India that is Lord Irwin. Now India is a democratic country with Prime Minister as the main leader and so it is but natural that the new Parliament building had to be inaugurated by the Prime Minister just like former PM late Mrs Indira Gandhi as PM had inaugurated the new Parliament annexe on October 24, 1975 and so also late former PM Shri Rajiv Gandhi as PM had laid the foundation of the Parliament Library on August 15, 1987 and that time there was no such brouhaha and Opposition had cooperated fully at that time for which they deserve to be commended! Union Housing and Urban Affairs Minister Shri Hardeep Singh Puri too rightly asked why cannot Congress leaders “just smile” and join India on this momentous achievement and her march to greatness. It is high time and one can only fervently hope still that the Opposition leaders too will join hands and unite together in celebrating this huge momentous occasion which is a matter of greatest national pride for all Indians and for which PM Shri Narendra Modi deserves full credit for ensuring that it was built in the shortest possible time in corona era and there is no reason why he should not be credited for it and why he should not inaugurate it when he is the person who did the most and is the “real brain” in ensuring that the new Parliament is completed being constructed so soon!
Sanjeev Sirohi