'Blanket labelling' of dissent as anti-national strikes at democracy: Justice Chandrachud

Supreme Court judge Justice DY Chandrachud on Saturday (February 15) said that dissent is a "safety valve" of democracy and "blanket labelling" of dissent as anti-national or anti-democratic strikes at the "heart" of the commitment of India to safeguard the values enshrined in Constitution and promote democracy.

"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.

Justice Chandrachud made the statement while speaking on the topic,"The Hues That Make India: From Plurality to Pluralism," as part of the 15th Justice PD Desai Memorial Lecture organised in Ahmedabad, Gujarat.

Justice Chandrachud asserted that the government must not use force to curb dissent by instilling fear because it violates the rule of law. "Employment of state machinery to curb dissent instills fear and creates a chilling atmosphere on free peace which violates the rule of law and distracts from the constitutional vision of pluralist society," he added.

Justice Chandrachud's comments came at a time when the nation is witnessing massive protests against the Citizenship Amendment Act (CAA) and the proposed nationwide National Register of Citizens (NRC).

"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.

"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 remarked.

Justice Chandrachud said that commitment to the protection of deliberative dialogue is an essential aspect of every successful democracy. "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," he noted.

"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 added.

Underlining the importance of mutual respect and protection of space for divergent opinions, Justice Chandrachud said, "Taking democracy seriously requires us to respond respectfully to the intelligence of others and to participate vigorously, but as an equal in determining how we should live together."