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The sceptre was received by India's first Prime Minister Jawaharlal Nehru to represent transfer of power from the British.
Prime Minister Narendra Modi will inaugurate the new Parliament building on May 28. TMC, CPI and AAP on Tuesday announced they will skip ceremony.
The Congress accused the government of disrespecting Constitutional propriety and demanded that President Droupadi Murmu should do the inauguration.
Tushar Gandhi was apparently mocking the Centre's decision to inaugurate the building on the birth anniversary of Hindutva ideologue VD Savarkar.
Solicitor General Tushar Mehta, appearing for the Centre, told a five-judge Constitution bench headed by Chief Justice D Y Chandrachud that the apex court is dealing with a "very complex subject", which has a "profound social impact".
The bench said that it is leaving the question of maintainability of the plea open.
The Congress leader has been served a one-month notice to exit his bungalow on 12, Tughlaq Lane.
Other opposition leaders besides the Congress MPs, also opted to wear black.
The petition stated that the immediate reason for approaching the Court is the recent development of Rahul Gandhi’s disqualification.
It was Lilly Isabel Thomas, a member of the Kuthukallungal family in Changanassery, who moved the petition challenging section 8 (4) of the Representation of the People Act 1951, which finally resulted in the apex court verdict in 2013.
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