(1.) In continuation of the docket orders of today dated 14.08.2018, the following order is passed:
(2.) Upholding the Constitutional supremacy and duty to respect the rule of Law are thus part of the Constitutional morality known as Raja-Dharma. No Government or any organ of the State can attempt to work in a manner which either obstructs Justice or which attempts to divide fraternity or which attempts to deny equality or which attempts to clog liberty as part of the Constitutional morality as independence of the Judiciary is critical to the nation, a part of the basic structure of the Constitution, the very bulwark that protects our democracy. Professor Paul Magnarella has explained this in his words: "A key identifying criterion of Constitutionalism is the existence of limited Government under a higher Law". It is more so from the impeding values in society among Ruler and Ruled, that what the father of our Nation Sri. M.K. Gandhi well said in his article in the Magazine "Young India" way back in the year, 1924 that all the evils like those of where there are no moral values and principles in politics, Keeping amazing wealth without any contribution for the upliftment of the destitutes of the society, a business with no moral values, an education without ideology, a pleasure without introspection of its consequential harm to fellow beings in the society, a science without humanity and a prayer without dedication are useless stints that are to be curbed and prevented if not to reform.
(3.) In the illuminating words of the late eminent Jurist-Sri. Nani Palkhivala, that gives insight on the Constitutional morality as inclusive of Raja-Dharma, "The survival of our democracy and the unity and integrity of the nation depends upon the realization that the Constitutional morality is no less essential than constitutional legality. Dharma (righteousness; sense of public duty or virtue) lives in the hearts of public men; when it dies there, no Constitution, no Law, no amendment can save it.
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