JUDGMENT

Dipak Misra, CJI.

In a hallowed democratic body polity, the seminal requirement is fair and timely election. Purity of election abandoning any kind of dogmatic idea is consubstantial to sustain the fundamental concept of democracy which is a basic feature of our Constitution. If the ‘thought of democracy’ is sullied, the cornerstone of the rule of law is corroded. When an individual, bereft of his status, goes to an election booth to cast his vote, he feels empowered and dignified and his self-esteem is accentuated as his inner conscience tells him that in his exercise of franchise, he is choosing a representative who shall represent the constituency. This is the very sense of feeling empowered. The participation makes him realize his political right and the collective feels that there shall be governance in accord with the Constitution so that the individual rights are protected and the collective aspirations are taken care of. It has been said by many protagonists of democracy that an atmosphere should always exist when precepts of democracy remain safe.

2. The Constitution of India gives emphasis on many aspects of political rights having regard to the rights of an in