The Aadhaar Judgment I : 26.09.2018 / The Revival of Ray V / Dharma of Constitution v. Karma of Adjudication

Hon’ble Justice A.K. Sikri (CJI, Sikri and Khanwilkar JJ)

In Dattatraya Govind Mahajan v. State of Maharashtra, (1977) 2 SCC 548 the Spirit of our Constitution was explained thus:

“Once we grasp the Dharma of the Constitution, the new orientation of the Karma of Adjudication becomes clear. Our Founding Fathers, aware of our Social Realities, forged our Fighting Faith… while contemplating the meaning of the Articles of the Organic Law, the Supreme Court shall not disown Social Justice.”

The judgments of A.N. Ray, CJ, M.H. Beg, P.N. Bhagwati and P.N. Shinghal JJ were delivered by Bhagwati J – V.R. Krishna Iyer J gave a separate judgment.

Ray’s last three appointees came during the Emergency. The first was P.N. Shingal, sworn in on 11, June 1975, at age sixty. According to Ray, ‘he was very senior and was the Rajasthan Chief Justice. I had met him in Rajasthan… was very impressed by him. The Court needed a Rajasthan representative.

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P.N. Shingal J

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Hon’ble Justice Dr. D.Y. Chandrachud

Justice HR Khanna held that the Rule of Law meant ‘Supremacy of the Constitution and the Laws as opposed to Arbitrariness’ [(1973) 4 SCC 225; paragraph 1529]. In Indira Nehru Gandhi v. Raj Narain, 1975 Supp SCC 1 Chief Justice A.N. Ray held the Rule of Law to be the Basis of Democracy.”