R. M. LODHA, DIPAK MISRA, S. A. BOBDE, MADAN B. LOKUR, KURIAN JOSEPH
Manoj Narula – Appellant
Versus
Union of India – Respondent
Judgment :
Dipak Misra, J. [for himself, R.M. Lodha, C.J.I., and S.A. Bobde, J.]
A democratic polity, as understood in its quintessential purity, is conceptually abhorrent to corruption and, especially corruption at high places, and repulsive to the idea of criminalization of politics as it corrodes the legitimacy of the collective ethos, frustrates the hopes and aspirations of the citizens and has the potentiality to obstruct, if not derail, the rule of law. Democracy, which has been best defined as the Government of the People, by the People and for the People, expects prevalence of genuine orderliness, positive propriety, dedicated discipline and sanguine sanctity by constant affirmance of constitutional morality which is the pillar stone of good governance. While dealing with the concept of democracy, the majority in Indira Nehru Gandhi v. Raj Narain AIR 1975 SC 2299, stated that ‘democracy’ as an essential feature of the Constitution is unassailable. The said principle was reiterated in T.N. Seshan, CEC of India v. Union of India and ors. (1995) 4 SCC 611. and Kuldip Nayar v. Union of India & Ors. AIR 2006 SC 3127. It was pronounced with asseveration that democracy is the basic
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