SC JUDGE SAYS DISSENT IS NOT ANTI-NATIONAL

Ahmedabad, Feb. 15: Calling dissent a “safety valve” of democracy, Supreme Court judge Justice D.Y. Chandrachud on Saturday said “blanket labelling” of dissent as anti-national or anti-democratic strikes at the “heart” of the country’s commitment to protect Constitutional values and promote deliberative democracy.

Delivering a lecture here in Gujarat, Justice Chandrachud also said that use of state machinery to curb dissent instills fear, which violates the rule of law. “The blanket labelling of dissent as anti-national or anti-democratic strikes at the heart of our commitment to protect constitutional values and the promotion of deliberative democracy,” he said.

Protecting dissent is but a reminder that while a democratically elected government offers us a legitimate tool for development and social coordination, they can never claim a monopoly over the values and identities that define our plural society, Justice Chandrachud said. He was speaking on the topic, “The Hues That Make India: From Plurality to Pluralism,” here. “Employment of state machinery to curb dissent instills fear and creates a chilling atmosphere on free peace which violates the rule of law,” he added.

Justice D.Y. Chandrachud’s comments against “blanket labelling” of dissent as antinational or anti-democratic came at a time when the passage of the Citizenship Amendment Act (CAA) and the proposed National Register of Citizens (NRC) has triggered massive protests in many parts of the country.

“The destruction of spaces for questioning and dissent destroys the basis of all growth—political, economic, cultural and social. In this sense, dissent is a safety valve of democracy,” he said.

Justice Chandrachud also stated that silencing of dissent and the generation of fear in the minds of people go beyond the violation of personal liberties and a commitment to constitutional value. Notably, Justice Chandrachud was part of a bench that had in January sought response of the Uttar Pradesh government on a plea seeking quashing of notices sent to alleged protesters by the district administration for recovering losses caused by damage to public properties during anti-CAA agitations in the state.

“The attack on dissent strikes at the heart of a dialogue-based democratic society and hence, a state is required to ensure that it deploys its machinery to protect the freedom of speech and expression within the bounds of law, and dismantle any attempt to instill fear or curb free speech,” he opined.

Commitment to the protection of deliberative dialogue is an essential aspect of every democracy, particularly a successful one, Justice Chandrachud said.

He added, “A democracy welded to the ideal of reason and deliberation ensures that minority opinions are not strangulated and ensures that every outcome is not a result merely of numbers but of a shared consensus”.

Justice Chandrachud said the “true test” of a democracy is its ability to ensure the creation and protection of spaces where every individual can voice their opinion without the fear of retribution.

“Inherent in the liberal promise of the Constitution is a commitment to a plurality of opinion. A legitimate government committed to deliberate dialogue does not seek to restrict political contestation but welcomes it,” he said.