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2005 Supreme(Del) 18

SANJAY KISHAN KAUL
ASHWANI GUPTA – Appellant
Versus
GOVERNMENT OF INDIA – Respondent


Advocates Appeared:
A.M.SANGHVI, AMICT ANDLEY, Anil Nag, ANUSUYA SALWAN, DUSHYANT DAVE, M.Datta, ZUBEDA BEGUM

Sanjay Kishan Kaul, J.

( 1 ) A State is the comity of individuals. The object is the existence of individuals governed by certain norms agreed to by the society. A duly constituted Government derives its authority and power from the governed. Democracy is the principle of governance where the persons to be governed elect the Government by the rule of majority.

( 2 ) THE classical theory of social contract highlights that the social contract is on account of the rules of conduct required by a just society. All persons are basically the same in terms of the innate human nature and the society is created and the norms are laid about the interaction between individuals amongst themselves. Since the people rationally foresee the consequences, they authorize a power to create a social environment in which the people adhere to their respective promises to govern the society. The most important aspect is the necessity of Government in the interest of all citizens where people are essentially free and live together with some laws to produce a more happy life than living in anarchy. The social contract, thus, establishes legal equality and encourages minimal restriction of individuals freed



























































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