SC: Centre granted more time to file affidavit on plea related to citizens' voice being heard in Parliament
Feb 17, 2023
New Delhi [India], February 17 : The Supreme Court on Friday granted more time to the Centre to file an affidavit on a plea seeking to take substantive steps in order to ensure that citizens can have their voices heard in Parliament without facing unnecessary barriers and difficulties.
The plea was heard by a bench of Justices KM Joseph and BV Nagarathna, which listed the matter after four weeks.
Centre sought time to file an affidavit on the matter.
The petition was filed by Karan Garg, a Punjab resident who has done B. Tech from the Indian Institute of Technology, Roorkee and MBA from the Kellogg School of Management, USA. The petitioner was represented by advocates Rohan J Alva and Aby P Varghese. The petition was filed by Joby P Varghese, Advocate on Record.
The petitioner prayed to take substantive steps in order to ensure that citizens can have their voices heard in Parliament without facing unnecessary barriers and difficulties. The petitioner said that he had filed the petition seeking the enforcement of the fundamental right to free speech and expression contained in Article 19(1)(a) as well as the fundamental rights
guaranteed by Article 14 and Article 21 of the Constitution of India.
The petitioner said that as an ordinary citizen of India, he feels disempowered when it comes to participation in the democratic process. "After the people cast their votes and elect their representatives to Parliament as well as to the state legislatures, there is no scope for any further participation. There is the complete absence of any formal mechanism by which citizens can engage with the law-makers and take steps in order to ensure that issues which are vital
important is debated in Parliament," the petitioner said.
The petitioner said his petition presents a detailed and nuanced framework under which citizens can prepare petitions and seek popular support for them. If a citizen petition crosses a prescribed threshold, then the citizen petition must be taken up for discussion and debate in Parliament.
"Indeed, a system by which citizens can directly petition Parliament is already in place in the United Kingdom and it has been working well for many years. Indeed, several citizen petitions have been filed many of which have actually been taken up for discussion in the House of Commons. A system by which citizens directly petition the Parliament has been found to be perfectly consistent with the Westminster model. There is as such no difficulty in implementing the same system in India," read the petition.
"To issue an appropriate writ, order, direction declaring that it is the fundamental right of citizens under Article 14, Article 19(1)(a), and Article 21 to directly petition the Parliament of India in order seek the initiation of a debate, discussion and deliberation on the issues highlighted by the citizens in their petitions," the petition urged.
"To issue an appropriate writ, order, direction to the Respondents to expeditiously take steps to create an appropriate system and well-reasoned and reasonable rules and regulations which empower citizens to petition the Parliament of India and seek the initiation of a debate,
discussion and deliberation on the issues and concerns highlighted by
the citizens in their petitions," the petitioner prayed.