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TMI Blog2019 (11) TMI 1678X X X X Extracts X X X X X X X X Extracts X X X X ..... J. in her dissenting judgment, has held that to entertain a public-interest litigation at the behest of persons who are not worshippers at Sabrimala temple would open the floodgates of petitions to be filed questioning the validity of religious beliefs and practices followed by other religious sects - The position under our constitutional scheme is that the Supreme Court of India is the ultimate repository of interpretation of the Constitution. Once a Constitution Bench of five learned Judges interprets the Constitution and lays down the law, the said interpretation is binding not only as a precedent on all courts and tribunals, but also on the coordinate branches of Government, namely, the legislature and the executive. What follows from this is that once a judgment is pronounced by the Constitution Bench and a decree on facts follows, the said decree must be obeyed by all persons bound by it. The State of Kerala is directed to give wide publicity to this judgment through the medium of television, newspapers, etc. The government should take steps to secure the confidence of the community in order to ensure the fulfillment of constitutional values. The State government may have br ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng Lawyers Association and Ors. v. State of Kerala W.P. (C) No.373 of 2006, which was delivered on 28 September, 2018, with regard to the Sabarimala temple dedicated to Lord Ayyappa. What a future constitution bench or larger bench, if constituted by the learned Chief Justice of India, may or may not do when considering the other issues pending before this Court is, strictly speaking, not before this Court at all. The only thing that is before this Court is the review petitions and the writ petitions that have now been filed in relation to the judgment in Indian Young Lawyers Association and Ors. v. State of Kerala, dated 28 September, 2018. As and when the other matters are heard, the bench hearing those matters may well refer to our judgment in Indian Young Lawyers Association and Ors. v. State of Kerala, dated 28 September, 2018, and may either apply such judgment, distinguish such judgment, or refer an issue/issues which arise from the said judgment for determination by a larger bench. All this is for future Constitution benches or larger benches to do. Consequently, if and when the issues that have been set out in the learned Chief Justice s judgment arise in future, they can ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut review of an earlier order which has the normal feature of finality. (at page 675) 4. In Kamlesh Verma v. Mayawati (2013) 8 SCC 320, this Court undertook an exhaustive review of the case law on review petitions and finally summarised the principles laid down by these judgments as follows: Summary of the principles 20. Thus, in view of the above, the following grounds of review are maintainable as stipulated by the statute: 20.1. When the review will be maintainable: (i) Discovery of new and important matter or evidence which, after the exercise of due diligence, was not within knowledge of the petitioner or could not be produced by him; (ii) Mistake or error apparent on the face of the record; (iii) Any other sufficient reason. The words any other sufficient reason have been interpreted in Chhajju Ram v. Neki [(1921-22) 49 IA 144 : (1922) 16 LW 37 : AIR 1922 PC 112] and approved by this Court in Moran Mar Basselios Catholicos v. Most Rev. Mar Poulose Athanasius [AIR 1954 SC 526 : (1955) 1 SCR 520] to mean a reason sufficient on grounds at least analogous to those specified in the rule . The same principles have been reiterated in Union of India v. Sandur Manganese Iron Ores Ltd. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d propagate religion is available, though subject to the restrictions delineated in Article 25(1) itself, to every person including women. The right guaranteed under Article 25(1) has nothing to do with gender or, for that matter, certain physiological factors specifically attributable to women. (iii) The exclusionary practice being followed at the Sabrimala temple by virtue of Rule 3(b) of the 1965 Rules violates the right of Hindu women to freely practise their religion and exhibit their devotion towards Lord Ayyappa. This denial denudes them of their right to worship. The right to practise religion under Article 25(1) is equally available to both men and women of all age groups professing the same religion. (iv) The impugned Rule 3(b) of the 1965 Rules, framed under the 1965 Act, that stipulates exclusion of entry of women of the age group of 10 to 50 years, is a clear violation of the right of Hindu women to practise their religious beliefs which, in consequence, makes their fundamental right of religion under Article 25(1) a dead letter. (v) The term morality occurring in Article 25(1) of the Constitution cannot be viewed with a narrow lens so as to confine the sphere of defin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is, Section 3 and the proviso to Section 4(1) of the 1965 Act clearly indicate that custom and usage must make space to the rights of all sections and classes of Hindus to offer prayers at places of public worship. Any interpretation to the contrary would annihilate the purpose of the 1965 Act and incrementally impair the fundamental right to practise religion guaranteed under Article 25(1). Therefore, we hold that Rule 3(b) of the 1965 Rules is ultra vires the 1965 Act. 6. Nariman, J. concurred with these views, and concluded, in paragraph 172, that the Ayyappa temple at Sabarimala cannot claim to be a religious denomination which can then claim the protection of Article 26 of the Constitution of India as follows: 172. In these circumstances, we are clearly of the view that there is no distinctive name given to the worshippers of this particular temple; there is no common faith in the sense of a belief common to a particular religion or section thereof; or common organization of the worshippers of the Sabarimala temple so as to constitute the said temple into a religious denomination. Also, there are over a thousand other Ayyappa temples in which the deity is worshipped by practic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Constitution; 2) A claim for the exclusion of women from religious worship, even if it be founded in religious text, is subordinate to the constitutional values of liberty, dignity and equality. Exclusionary practices are contrary to constitutional morality; 3) In any event, the practice of excluding women from the temple at Sabarimala is not an essential religious practice. The Court must decline to grant constitutional legitimacy to practices which derogate from the dignity of women and to their entitlement to an equal citizenship; 4) The social exclusion of women, based on menstrual status, is a form of untouchability which is an anathema to constitutional values. Notions of purity and pollution , which stigmatize individuals, have no place in a constitutional order; 5) The notifications dated 21 October 1955 and 27 November 1956 issued by the Devaswom Board, prohibiting the entry of women between the ages of ten and fifty, are ultra vires Section 3 of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Act, 1965 and are even otherwise unconstitutional; and 6) Hindu women constitute a section or class of Hindus under clauses (b) and (c) of Section 2 of the 196 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learned C.J.; paragraph 172 of the judgment of Nariman, J.; and paragraph 296(1) of the judgment of Chandrachud, J. The judgment of Malhotra, J. records an opposite tentative conclusion in paragraph 312(iv). 9.2. The four majority judgments specifically grounded the right of women between the ages of 10 to 50, who are excluded from practicing their religion, under Article 25(1) of the Constitution, emphasizing the expression all persons and the expression equally occurring in that Article, so that this right is equally available to both men and women of all ages professing the same religion. This proposition becomes clear from paragraph 144(ii) and (iii) of the judgment of the learned C.J.; from paragraph 174 read with paragraph 177 of the judgment of Nariman, J.; and paragraph 291 of the judgment of Chandrachud, J. As against this, the judgment of Malhotra, J. is contained in paragraph 312(ii). 9.3. Section 3 of the 1965 Act traces its origin to Article 25(2)(b) of the Constitution of India, and would apply notwithstanding any custom to the contrary, to enable Hindu women the right of entry in all public temples open to Hindus, so that they may exercise the right of worship there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cision, is the three propositions outlined above, to which all the four majority Judges agree. On whether the exclusion of women from Hindu temples is an essential part of the Hindu religion, three Judges clearly held that it is not, with Nariman, J. assuming that such exclusionary practice is an essential part of the Hindu religion. It is with these prefatory remarks that we now begin to examine the arguments of counsel for the review petitioners. 12. Shri K. Parasaran, who led the attack on behalf of the review petitioners, placed at the forefront of his arguments the judgment of this Court in Moran Mar Basselios Catholicos v. Most Rev. Mar Poulose Athanasius, (1955) 1 SCR 520, and relied strongly on the following passage: It does not appear that either of the two majority Judges of the High Court adverted to either of these aspects of the matter, namely, service of notice to all churches and competency of the persons who issued the notice of the Karingasserai meeting and in any case did not come to a definite finding on that question. The majority judgments, therefore, are defective on the face of them in that they did not effectively deal with and determine an important issue i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Article 15 and Article 17 of the Constitution were not treated as central issues in the present case by at least three learned Judges, namely, Dipak Misra, C.J., Khanwilkar, J., and Nariman, J. In this view of the matter, these arguments have necessarily to be rejected. 15. Other learned counsel have essentially reargued the case on all other points. They argued that the Ayyappa temple at Sabarimala constituted a religious denomination and could, therefore, claim the protection of Article 26 of the Constitution of India as well as the proviso to Section 3 of the 1965 Act. This argument is a re-argument of what was argued before us before the judgment of 28.09.2018 was delivered. 16. Ms. Indira Jaising, learned Senior Advocate appearing on behalf of the intervenors in I.A. Nos. 21515 and 21521 of 2019, specifically referred to and relied upon the judgment of one of us, Nariman, J., where it was made clear that the judgment of Chinnappa Reddy, J. in S.P. Mittal v. Union of India, (1983) 1 SCC 51, was a dissenting judgment [see paragraph 171]. According to her, in two places, the dissenting judgment of Malhotra, J. has strongly relied upon the judgment of Chinnappa Reddy, J. (in para ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... majority Judges held that such a religious practice, having no basis in the Hindu religion, could not be held to be an essential religious practice see paragraphs 122 and 123 of the judgment of the learned C.J., and paragraph 227 read with paragraph 296(3) of the judgment of Chandrachud, J. Here again, it cannot be said that there is any error apparent. What has to be seen in the judgments of this Court is whether such practice is an essential practice relatable to the Hindu religion, and not the practice of one particular temple. Nothing has been shown to us, as was correctly pointed out by the learned Chief Justice, from any textual or other authorities, to show that exclusion of women from ages 10 to 50 from Hindu temples is an essential part of the Hindu religion. This again is a ground that must be rejected, both because there is no error apparent, and because the same ground that was argued in extenso before the original judgment was delivered, is being reargued in review. 19. It was then stated that the judgments of Dipak Misra, C.J. and Chandrachud, J., in relying upon constitutional morality , suffered from an error apparent, in that constitutional morality is a vague con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th throwing open all Hindu religious institutions of a public character to all classes and sections of Hindus. The majority judgments have held that Section 3 of the 1965 Act is a legislation in pursuance of this part of Article 25(2)(b), which expressly comes in the way of any custom which interferes with the rights of women from the ages of 10 to 50 from worshipping in a Hindu religious institution of a public character. Article 25(1) also contains two other exceptions, namely, that this right is (a) subject to public order, morality, and health; and (b) is also subject to the other provisions of Part III, as has been explained in the majority judgments. This argument must also, therefore, be rejected. 21. References were made to the Hindi text of Article 26, and arguments were based on the Hindi expression sampradaya as opposed to the English expression denomination . This again is a new argument, made for the first time in review. This argument cannot be countenanced for the reason that we are bound by a large number of Constitution Bench decisions on what constitutes a religious denomination. Having followed the aforesaid judgments, which are binding upon us, we cannot be said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ian Federation of Women Lawyers, Kerala Branch and the President of the Kerala Kshetra Samrakshana Samithi were impleaded and permitted to participate in the proceedings. As a matter of law, there is no doubt whatsoever that res judicata as a principle does apply to public interest litigation. However, this Court in V. Purushotham Rao v. Union of India Ors., (2001) 10 SCC 305, set out the law as stated in Rural Litigation and Entitlement Kendra v. State of U.P., 1989 Supp. (1) SCC 504, which it followed, and stated: We may not be taken to have said that for public interest litigations, procedural laws do not apply. At the same time it has to be remembered that every technicality in the procedural law is not available as a defence when a matter of grave public importance is for consideration before the Court. Even if it is said that there was a final order, in a dispute of this type it would be difficult to entertain the plea of res judicata. Thus even in the selfsame proceeding, the earlier order though final, was treated not to create a bar inasmuch as the controversy before the Court was of grave public interest. The learned counsel appearing for the appellants drew our attention ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... herwise special principles of law are fastened upon parties when special considerations relating to public policy mandate that this cannot be done. (at page 3414) 27. When it comes to important issues as to the interpretation of the Constitution, which is entrusted by the Constitution under Article 145(3) to a Bench consisting of a minimum of five Supreme Court Judges, it is obvious that an erroneous interpretation of the Constitution by a High Court (which affects the general public much more than an erroneous interpretation of a statutory prohibition enacted in public interest) cannot possibly be res judicata as against a judgment of a Constitution Bench of the Supreme Court, as a rule of procedure cannot be exalted over Article 145(3) of the Constitution of India. By the judgment dated 28.09.2018 of a Constitution Bench of this Court, this Court has interpreted Article 25(1) to mean that all persons are equally entitled to practice the Hindu religion, which would include women between the ages of 10 and 50. A previous decision by a High Court, erroneously interpreting Article 25 in an earlier PIL, can obviously not stand in the way, by resort to a rule of procedure, of a judgmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t implementation of this judgment, we ought to have a re-look at the entire problem. On the other hand, Ms. Indira Jaising, learned Senior Advocate appearing on behalf of certain ladies, including Scheduled Caste ladies who have been obstructed from entering the Sabarimala temple, or having entered the temple, have been subjected to physical and other abuses, has made a fervent plea before us to ensure that our judgment is implemented in both letter and in spirit. 31. The arguments and counter-arguments so made, need us to restate a few constitutional fundamentals. Under our constitutional scheme, the Supreme Court is given a certain pride of place. Under Article 129, the Supreme Court shall be a court of record and shall have all the powers of such a Court, including the power to punish for contempt of itself. Under Article 136, the Supreme Court has been granted a vast jurisdiction by which it may interfere with any judgment, decree, determination, sentence, or order made by any court or tribunal in the territory of India. Indeed, by Article 140, Parliamentary law may confer upon the Supreme Court such supplemental powers as may be necessary or desirable for the purpose of enabli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with respect to which Parliament has power to make laws for that State such executive power or functions as the State or officer or authority thereof could exercise immediately before the commencement of this Constitution. As can be seen from this Article, here, an authority is only of a State, when contrasted with authorities of the Union Government. Similarly, the converse case is referred to in the proviso to Article 162 as follows: 162. Extent of executive power of State.-Subject to the provisions of this Constitution, the executive power of a State shall extend to the matters with respect to which the Legislature of the State has power to make laws: Provided that in any matter with respect to which the Legislature of a State and Parliament have power to make laws, the executive power of the State shall be subject to, and limited by, the executive power expressly conferred by this Constitution or by any law made by Parliament upon the Union or authorities thereof. 34. The proviso speaks of authorities of the Union of India. Likewise, Article 258(2) refers to authorities of the State when contrasted with the authorities of the Union Government. Article 277 refers to local author ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have appeared in the print and electronic media, exhibiting defiant attitude on the part of Delhi Administration to comply with our orders. The attitude, as reflected in the newspapers/electronic media, if correct, is wholly objectionable and not acceptable. We have no doubt that all those concerned with Delhi Administration are aware of the provisions of Article 144 of the Constitution which reads, 144. Civil and judicial authorities to act in aid of the Supreme Court.-All authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court. as also of the consequence of deliberately flouting the orders of this Court and non-compliance with the above constitutional provision 39. This Court, in State of Tamil Nadu v. State of Karnataka, (2016) 10 SCC 617, has castigated the State of Karnataka as follows: 74. At this juncture, we may refer to Article 144 of the Constitution of India. It reads as follows: 144. Civil and judicial authorities to act in aid of the Supreme Court.-All authorities, civil and judicial, in the territory of India, shall act in aid of the Supreme Court. 75. On a plain reading of the said Article 144, it is clear as crystal that all ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sters in the various States are bound vide Article 75(4) and Article 164(3), read with the Third Schedule, to uphold and defend the Constitution. Thus, insofar as Ministers belonging to the Centre are concerned, Article 75(4) states: 75. Other provisions as to Ministers.- xxx xxx xxx (4) Before a Minister enters upon his office, the President shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule. xxx xxx xxx The Third Schedule of the Constitution insofar it applies to such Ministers reads as follows: THIRD SCHEDULE Articles 75(4), 99, 124(6), 148(2), 164(3), 188 and 219 FORMS OF OATHS OR AFFIRMATIONS I Form of oath of office for a Minister for the Union:- swear in the name of God I, A.B., do ----------------------------------------------- that I will solemnly affirm bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will faithfully and conscientiously discharge my duties as a Minister for the Union and that I will do right to all manner of people in accordance with the Constitution and the law, without fear or fa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate shall, before taking his seat, make and subscribe before the Governor, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule. THIRD SCHEDULE xxx xxx xxx VII B Form of oath or affirmation to be made by a member of the Legislature of a State:- I, A.B., having been elected (or nominated) a member of the Legislative Assembly (or Legislative swear in the name of God Council), do -------------------------------------------- that I will solemnly affirm bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India and that I will faithfully discharge the duty upon which I am about to enter. 45. It is important to notice, at this juncture, that so far as the Prime Minister and members of his Cabinet are concerned, not only does the form of oath contained in the Third Schedule require that all such persons will bear true faith and allegiance to the Constitution of India as by law established, but also that they will do right to all manner of people, in accordance with the Constitution and the law, without fear or favour, affec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Russian officialdom being armed with razors with which they were to shave, on the spot, those unfortunate wretches who had not obeyed the decree. Eventually those who insisted on keeping their beards were permitted to do so on paying an annual tax. Payment entitled the owner to a small bronze medallion with a picture of a beard on it and the words TAX PAID , which was worn on a chain around the neck to prove to any challengers that his beard was legal. The tax was graduated; peasants paid only two kopeks a year, wealthy merchants paid as much as a hundred roubles.2 It is in the wake of such tumultuous events in history, that the great democratic constitutions of the world have been promulgated, so that social transformation takes place peaceably, as the result of the application of the rule of law. 47. The expression rule of law can be traced back to the great Greek philosopher Aristotle, who lived 2,400 years ago. In his book on the Rule of Law by Brian Z. Tamanaha, Aristotle is reported to have said: It is better for the law to rule than one of the citizens so that even the guardians of the law are obeying the laws. 48. John Locke had stated, in 1690, in his Second Treatise of Go ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for refusal thereof. And that no freeman in any such manner as is before mentioned be imprisoned or detained. And that your Majesty would be pleased to remove the said soldiers and mariners, and that your people may not be so burdened in time to come. And that the aforesaid commissions for proceeding by martial law may be revoked and annulled. And that hereafter no commissions of like nature may issue forth to any person or persons whatsoever to be executed as aforesaid, lest by colour of them any of your Majesty s subjects be destroyed or put to death contrary to the laws and franchises of the land. 54. The next great landmark establishing the rule of law in England was the Bill of Rights, 1689, under which no monarch could rely on divine authority to override the law. The authority and independence of Parliament was proclaimed, and the power to suspend laws without the consent of Parliament was condemned as illegal. Personal liberty and security were protected by prohibiting the requirement of excessive fines, the imposition of excessive bail, and the infliction of cruel and unusual punishments. 55. In the United States, the rule of law was established by the Constitution of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Georgia statute unconstitutional on the ground that the jurisdiction of the Federal Courts over Cherokee Indians was exclusive, and consequently, the State of Georgia had no power to pass laws affecting them or their territory. Consequently, the judgment of the Georgia superior court, convicting the two white missionaries and sentencing them to prison was overturned, and the Supreme Court ordered their release [see Worcester v. State of Georgia, 31 U.S. 515 (1832)]. The writ that was issued in favour of the two white missionaries was, however, never executed. President Andrew Jackson is supposed famously to have said, Well, John Marshall has made his decision; now let him enforce it. President Jackson was of the opposite view to that of the Court, stating that the state legislatures had powers to extend their laws over all persons living within their boundaries. So, a judgment of the highest court of the land was blatantly disobeyed by the State of Georgia, with the backing of the President of the United States. 58. One hundred and twenty years later, the U.S. Supreme Court, in Brown v. Board of Education of Topeka, 347 U.S. 483 (1954), overruled a long-standing precedent of 18 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ia, 353 U. S. 230; Shelley v. Kraemer, 334 U. S. 1; or whatever the guise in which it is taken, see Derrington v. Plummer, 240 F.2d 922; Department of Conservation and Development v. Tate, 231 F.2d 615. In short, the constitutional rights of children not to be discriminated against in school admission on grounds of race or colour declared by this Court in the Brown case can neither be nullified openly and directly by state legislators or state executive or judicial officers nor nullified indirectly by them through evasive schemes for segregation whether attempted ingeniously or ingenuously. Smith v. Texas, 311 U. S. 128, 132. (emphasis supplied) (at pp. 16-17) 60. Justice Frankfurter, in a separate concurring opinion, stated: When defiance of law, judicially pronounced, was last sought to be justified before this Court, views were expressed which are now especially relevant: The historic phrase a government of laws, and not of men epitomizes the distinguishing character of our political society. When John Adams put that phrase into the Massachusetts Declaration of Rights, he was not indulging in a rhetorical flourish. He was expressing the aim of those who, with him, framed the Dec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Law as derived from the Constitution is not to be the tribunal specially charged with the duty of ascertaining and declaring what is the supreme Law of the Land. See President Andrew Jackson s Message to Congress of January 16, 1833, II Richardson, Messages and Papers of the Presidents (1896 ed.) 610, 623.) (at pp. 23-24) That the responsibility of those who exercise power in a democratic government is not to reflect inflamed public feeling, but to help form its understanding, is especially true when they are confronted with a problem like a racially discriminating public school system. This is the lesson to be drawn from the heartening experience in ending enforced racial segregation in the public schools in cities with Negro populations of large proportions. Compliance with decisions of this Court, as the constitutional organ of the supreme Law of the Land, has often, throughout our history, depended on active support by state and local authorities. It presupposes such support. To withhold it, and indeed to use political power to try to paralyze the supreme Law, precludes the maintenance of our federal system as we have known and cherished it for one hundred and seventy years. ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any other way respecting its judicial and public functions, than as the humblest suitor, who applies for its protection ; adding, within these walls, we know no equal and no superior but God and the King . They warned the government against instigating any persons to disobey the writs of the King issued by his judges. Chambers died within a fortnight. At the next sitting of the court, Grant, sitting alone, said that the government had killed his brother judge, but they shall not kill me ; and that he was prepared to fight singlehanded for the rights and privileges of his officer. Finding that no return to the writ of Habeas Corpus was forthcoming, owing to the obstruction of the government, Grant issued a fresh writ returnable immediately, with a penalty of ₹ 10,000 in case of disobedience. A special constable was sent to Poona with authority to seek military aid, if the civil authorities obstructed him in the discharge of his duty. The Commander of the Bombay forces, Sir Thomas Bradford, who was at first disposed to support the government, now veered round to the side of the judiciary, declaring that to oppose the writ was to oppose the King, and he would call out the milit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o longer open to any person or authority to openly flout a Supreme Court judgment or order, given the constitutional scheme as stated by us hereinabove. It is necessary for us to restate these constitutional fundamentals in the light of the sad spectacle of unarmed women between the ages of 10 and 50 being thwarted in the exercise of their fundamental right of worship at the Sabarimala temple.4 Let it be said that whoever does not act in aid of our judgment, does so at his peril so far as Ministers, both Central and State, and MPs and MLAs are concerned, they would violate their constitutional oath to uphold, preserve, and defend the Constitution of India. So far as the citizens of India are concerned, we would do well to remind them of the fundamental duties of citizens laid down in Article 51A of the Constitution, in particular, clauses (a), (e), and (h) thereof, which state: 51A. Fundamental duties.-It shall be the duty of every citizen of India- (a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem; xxx xxx xxx (e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to stakeholders before a judgment is pronounced and even thereafter. That, indeed, is how the proceedings in review in the present case have been initiated. Hence arguments have been addressed, exchanged between counsel and considered with the sense of objectivity and fairness on which the judicial process rests. These remedies within a rule of law framework provide recourse to all those who may be and are affected by the course of a judicial decision. When the process is complete and a decision is pronounced, it is the decision of the Supreme Court and binds everyone. Compliance is not a matter of option. If it were to be so, the authority of the court could be diluted at the option of those who are bound to comply with its verdicts. 66. The State of Kerala is directed to give wide publicity to this judgment through the medium of television, newspapers, etc. The government should take steps to secure the confidence of the community in order to ensure the fulfillment of constitutional values. The State government may have broad-based consultations with representatives of all affected interests so that the modalities devised for implementing the judgment of the Court meet the genu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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