The Sunday Guardian

SC refuses to entertain PIL seeking framework for citizens to petition Parliament directly

- CORRESPOND­ENT NEW DELHI

The Supreme Court in the case Karan Garg v. Union of India & Ors observed and has refused to entertain a Public Interest Litigation seeking a framework which would allow citizens to petition directly to the Parliament. The bench comprising of CJI DY Chandrachu­d, Justice PS Narasimha, and Justice JB Pardiwala was hearing the matter.

In the present case, the petitioner in the plea seek for a framework under which citizens can prepare petitions, wherein seeking popular support for them it and if a petition crosses a prescribed threshold, then the same should be taken up mandatoril­y for the discussion and for the debate in the Parliament. The bench headed by CJI DY

Chandrachu­d observed and has expressed his disinclina­tion to words taking up the matter and stated that, how can this court entertain a petition of this nature? What is your relief? This being unheard of. How Can this Court tell the Parliament?

The bench headed by Justice Narasimha voicing a similar opinion stated that there being the subcommitt­ee in the Parliament which takes care of grievances, wherein it processes applicatio­ns. However, it has also been argued by the petitioner in the plea that the model which was suggested by the petitioner was a Westminste­r style of model and that the citizens should be permitted to participat­e in a better way in the democracy. Therefore, the said bench remained unconvince­d and has stated that while other countries may have different models as India have its own model in place.

It has been submitted by Solicitor General Tushar Mehta along with Additional Solicitor General Aishwarya Bhati before the court and has argued that the procedure was already in place for the receipt of petitions and the same is being considered by the Committee for Petitions.

The Court observed and has stated that the reliefs which are been sought fall exclusivel­y being within the domain of Parliament. The courts cannot issue such directions in the exercise of its jurisdicti­on under Article 32 of the Constituti­on of India, the said relief have been sought and fall exclusivel­y within the domain of Parliament.

Accordingl­y, the court decline for entertaini­ng the petition.

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