Premium
This is an archive article published on February 15, 2020

Dissent is ‘safety valve’ of democracy: Justice Chandrachud

Terming dissent as the "safety valve of democracy", Justice Chandrachud said that silencing of dissent and the generation of fear in the minds of people go beyond the violation of personal liberty and a commitment to constitutional values.

Justice D Y Chandrachud was delivering a lecture on “The hues that make India: from plurality to pluralism”. (File/Express photo: Nirmal Harindran)

Supreme Court judge Justice D Y Chandrachud on Saturday said that labelling dissent as “anti-national” or “anti-democratic” strikes at the heart of deliberative democracy.

He also termed dissent as the “safety valve of democracy” and said that silencing of dissent and the generation of fear in the minds of people go beyond the violation of personal liberty and a commitment to constitutional values.

“A legitimate government committed to deliberate dialogue does not seek to restrict political contestation but welcomes it…A state committed to the rule of law ensures that the state apparatus is not employed to curb legitimate and peaceful protest but to create spaces conducive for deliberation,” Justice Chandrachud said while delivering the 15th P D memorial lecture at the Gujarat High Court auditorium in Ahmedabad.

“Within the bounds of the law, liberal democracies ensure that their citizens enjoy the right to express their views in every conceivable manner, including the right to protest and express dissent against prevailing laws. The blanket labelling of such dissent as ‘anti-national’ or ‘anti-democratic’ strikes at the heart of our commitment to the protection of constitutional values and the promotion of deliberative democracy,” he continued.

Significantly, Justice Chandrachud was part of a bench that had sought response of the Uttar Pradesh government on a plea seeking quashing of notices sent to alleged protesters for recovering losses caused by damage during the anti-Citizenship Amendment Act agitations in the state.

Read | Can’t label anti-CAA protesters traitors… need to protect rights: Bombay HC

He further emphasised that “the commitment to civil liberty flows directly from the manner in which the State treats dissent”.

Story continues below this ad
 Justice Chandrachud, Justice Chandrachud on anti national remark, Justice Chandrachud constitution BJP, Indian Express news Justice Chandrachud while delivering the 15th Justice PD Desai Memorial Lecture in Ahmedabad. (Express photo: Sohini Ghosh)

Justice Chandrachud, who was delivering a lecture on “The hues that make India: from plurality to pluralism”, also said that 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 any fear of retribution.

‘Elected governments cannot claim monopoly over values’

Speaking at the event, Justice Chandrachud also stated the suppression of difference and silencing of popular or unpopular voices that offer alternate views is a great threat to pluralism in the country.

“Protecting dissent is but a reminder that while democratically elected governments offer 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. The employment of state machinery to curb dissent, instill fear and create a chilling atmosphere on free speech which violates the rule of law and detracts from the constitutional vision of a pluralist society…The destruction of spaces for questions and dissent destroys the basis of all growth — political, economic, cultural and social,” he said.

Sohini Ghosh is a Senior Correspondent at The Indian Express. Previously based in Ahmedabad covering Gujarat, she recently moved to the New Delhi bureau, where she primarily covers legal developments at the Delhi High Court Professional Profile Background: An alumna of the Asian College of Journalism (ACJ), she previously worked with ET NOW before joining The Indian Express. Core Beats: Her reporting is currently centered on the Delhi High Court, with a focus on high-profile constitutional disputes, disputes over intellectual property, criminal and civil cases, issues of human rights and regulatory law (especially in the areas of technology and healthcare). Earlier Specialty: In Gujarat, she was known for her rigorous coverage in the beats of crime, law and policy, and social justice issues, including the 2002 riot cases, 2008 serial bomb blast case, 2016 flogging of Dalits in Una, among others. She has extensively covered health in the state, including being part of the team that revealed the segregation of wards at the state’s largest government hospital on lines of faith in April 2020. With Ahmedabad being a UNESCO heritage city, she has widely covered urban development and heritage issues, including the redevelopment of the Sabarmati Ashram Recent Notable Articles (Late 2025) Her recent reporting from the Delhi High Court covers major political, constitutional, corporate, and public-interest legal battles: High-Profile Case Coverage She has extensively covered the various legal battles - including for compensation under the aegis of North East Delhi Riots Claims Commission - pertaining to the 2020 northeast Delhi riots, as well as 1984 anti-Sikh riots. She has also led coverage at the intersection of technology and governance, and its impact on the citizenry, from, and beyond courtrooms — such as the government’s stakeholder consultations for framing AI-Deepfake policy. Signature Style Sohini is recognized for her sustained reporting from courtrooms and beyond. She specialises in breaking down dense legal arguments to make legalese accessible for readers. Her transition from Gujarat to Delhi has seen her expand her coverage on regulatory, corporate and intellectual property law, while maintaining a strong commitment to human rights and lacuna in the criminal justice system. X (Twitter): @thanda_ghosh ... Read More

Stay updated with the latest - Click here to follow us on Instagram

Latest Comment
Post Comment
Read Comments
Advertisement
Advertisement
Loading Taboola...
Advertisement