Shivani Kaushik vs Union Of India - 2021 Supreme(Pat) 228

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2021 Supreme(Pat) 228

SANJAY KAROL, S. KUMAR
Shivani Kaushik – Appellant
Versus
Union Of India – Respondent

Advocates Appeared:
Shivani Kaushik, Advocate, Mrigank Mauli, Advocate, K.N. Singh, Advocate, Anshuman Singh, Advocate, Kanak Verma, Advocate, Abhimanyu Singh, Advocate, Lalit Kishore, Advocate, Anjani Kumar, Advocate, S.D. Yadav, Advocate, Alok Kumar Rahi, Advocate, Binita Singh, Advocate, Shivender Kishore, Advocate, S.D. Sanjay, Advocate, P.K. Shahi, Advocate, Vikas Kumar, Advocate, Prasoon Sinha, Advocate, Bindhyachal Rai, Advocate, Rabindra Kr Priyadarshi, Advocate, Yogesh Chandra Verma, Advocate, Rajiv Kumar Singh, Advocate, Manish Kumar, Advocate, Parul Prasad, Advocate, Rohit Kumar, Advocate, Subhash Prasad Singh, Advocate, Kumar Ravish, Advocate, Shivendra Kishore, Advocate, Sumeet Kumar Singh, Advocate, Nikhil Singh, Advocate, Binay Kumar Pandey, Advocate

JUDGMENT

Sanjay Karol, C.J. - This order is in continuation of our order No.19 dated 12.05.2021.

2. The Constitution Bench (Five Judge) of the Hon ble Apex Court in State (NCT of Delhi) Vs. Union of India, (2018) 8 SCC 501 , while elaborately dealing with the concepts of democracy; democratic spirit; representative participation; constitutional morality and values; constitutional governance and executives; parliamentary democracy and collective responsibility of cabinet; democracy and federalism; constitutional objectivity; constitutional responsibility; collaborative federalism; pragmatic federalism; constitutional renaissance, inter alia observed that:

.....The main purpose of a representative Government is to represent the public will, perception and the popular sentiment into policies. The representatives, thus, act on behalf of the people at large and remain accountable to the people for their activities as lawmakers. Therefore, representative form of governance comes out as a device to bring to fore the popular will. The Constitution of India has embraced the representative model of governance at all levels i.e. local, State and the Union. Thus perceived, the people are the sov