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  • SC bars PIL against the President of India

    January 31, 2017

    The SC dismissed a PIL in which President Pranab Mukherjee was referred to as the first respondent. The court further debarred the two petitioners of the said PIL from filing any public interest litigations in any constitutional courts in India.

    The SC in one of its earlier judgments in 2006 clearly held that the President of India cannot be made a party to any litigation. Despite the said judgment, the petitioners have described the President as Respondent No.1.

    The bench observed that in future, the petitioners shall be debarred from filing any kind of public interest litigation in any constitutional court and none of their petition under Article 226 or Article 32 of the Constitution shall be entertained, unless they are personally grieved. The bench further stated that if the petitioners deviate from this direction, they shall be liable for contempt of court.  

    The court after having a detailed perusal of the petition stated that, the petition is vexatious and a mere act of pervert proclivity. The court further noted that the petitioners, who are litigants, had approached the court in certain special leave petitions and could not meet with success.

    The court order reads as follows “Their individual grievances do not confer any right on them to file a writ petition of the present nature. It is an assault on the Constitution, more so, when the high constitutional authorities are involved. The allegations made against the respondent Nos.2 and 3 are absolutely unacceptable and, in fact, can never be conceived of. The present order is essential for maintaining the integrity of the institution and the public confidence in the delivery of justice.”


    OUR TAKE

    The present order of the court is important in order to respect the position and dignity of the President. If this is not done, numerous petitions will be filed, not only against the President but also other respectable government officials. Such petitions make the common man doubt the entire system of governance.


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