Dissent is the cornerstone of democracy, says legal scholar
Mohan Gopal says attacks on freedoms under Article 19 reflect growing authoritarianism and must be firmly resisted
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Context
G. Mohan Gopal, founder-chairman of the , emphasized the critical role of dissent in a democracy during a seminar organized by the . He argued that protests, rooted in dissent, are essential for a free society and highlighted the increasing suppression of these voices. He urged citizens to actively secure their constitutional protections, particularly those under , by approaching the courts when fundamental freedoms are threatened.
UPSC Perspectives
Polity
The cornerstone of this article is the concept of dissent as a democratic right, deeply intertwined with the fundamental freedoms guaranteed by the Constitution. The article specifically references , which guarantees six fundamental freedoms, most notably the freedom of speech and expression (), assembly (), and association (). The speaker characterizes these freedoms as 'oxygen' for democracy, essential for open debate and preventing institutional decay. However, it's crucial for UPSC aspirants to remember that these rights are not absolute. They are subject to 'reasonable restrictions' under through on grounds like sovereignty and integrity of India, security of the state, friendly relations with foreign states, public order, decency, or morality. The tension between the exercise of these freedoms and the state's power to impose restrictions forms a core debate in constitutional law. For Mains, questions often focus on evaluating the balance between state security/public order and individual liberties, analyzing whether the restriction of dissent is an indicator of democratic backsliding.
Governance
The article points to a growing 'culture of obedience' and the misconception that dissent leads to anarchy. This touches upon the delicate balance between maintaining order and allowing democratic expression. A healthy governance framework relies on feedback mechanisms, and protests or dissent act as crucial barometers of public sentiment, especially when institutional channels seem unresponsive. Suppressing dissent can lead to a governance vacuum where grievances remain unaddressed, potentially resulting in more explosive social unrest. The concept of authoritarianism is raised, suggesting a trend where state power attempts to homogenize thought and stifle opposition. Good governance requires robust institutional integrity, which is weakened when dissenting voices are silenced. The speaker advocates for the necessity of active citizenry to 'secure' functional protections, implying that constitutional guarantees are only as effective as the public's willingness to defend them. In the context of GS Paper 2, this relates to the role of civil society and democratic participation in shaping public policy.
Legal
The article emphasizes the role of the judiciary, specifically the and High Courts, as the ultimate bulwark against the deprivation of civil liberties. It advocates for the use of petitions to counter attacks on fundamental freedoms. The concept of judicial review allows courts to strike down executive or legislative actions that violate the Constitution, particularly Part III (Fundamental Rights). Interestingly, the article also mentions judges exercising their 'right to dissent' through judgments. A dissenting judgment occurs when a judge on a multi-judge bench disagrees with the majority opinion. While not binding law, dissenting opinions often provide alternative legal reasoning that can influence future jurisprudence or legislative changes (e.g., Justice H.R. Khanna's dissent in the ADM Jabalpur case regarding during the Emergency). The judiciary acts as a crucial check on the executive, ensuring that state actions do not arbitrarily infringe upon citizens' right to protest peacefully. This highlights the importance of an independent judiciary in upholding the rule of law and protecting democratic principles.