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