PIL To Allow Citizens To Directly Approach Parliament Parliament With Petitions They Prepare Dismissed By SC

The Supreme Court bench comprising the Chief Justice of India DY Chandrachud and Justices PS Narasimha and JB Pardiwala on Friday refused to entertain a writ petition seeking to allow the citizens to approach the parliament directly with a petition they prepared after garnering enough support for it.

In the matter at hand the petitioner instituted the proceedings under Article 32 of the Constitution seeking a framework under which citizens can prepare petition, seek popular support for them and if a petition crosses a prescribed threshold then it should be taken up mandatorily for discussion and debate in the Parliament.

The bench observed that the petitioner sought reliefs which were exclusively in the domain of Parliament and hence directions cannot be issued by the supreme court in exercise of it’s jurisdiction under Article 32 of the Constitution.

Solicitor General Tushar Mehta and ASG  Aishwarya Bhati assisted the court and said that a procedure is already in place for the receipt of petitions which are considered by the committee of the petitions.

CASE: KARAN GARG V. UNION OF INDIA & ORS.

W.P. (CIVIL) NO. 39/2023

Remarks:

Article 32 in The Constitution Of India 1949

32. Remedies for enforcement of rights conferred by this Part

(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed

(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part

(3) Without prejudice to the powers conferred on the Supreme Court by clause ( 1 ) and ( 2 ), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause ( 2 )

(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution