New Delhi: Supreme Court judge Justice Deepak Gupta said Monday that right to dissent is essential for democracy and criticism of the executive, judiciary, bureaucracy and the Armed Forces cannot be termed ‘anti-national’.
The right to dissent is the ‘biggest’ and ‘most important right’ granted by the Constitution and it includes the right to criticise, he said. “There can be no democracy without dissent,” asserted Justice Gupta.
This will certainly be a worrying issue to the Centre as the words are coming from the mouth of a Supreme Court judge. In no uncertain terms Justice Gupta has clarified that a person cannot be booked for sedition just because he/she criticises the government.
Justice Gupta said that as long as a person does not break the law or encourage strife, he has a right to differ from every other citizen as also those in power, and propagate his belief. He was speaking at the event ‘Democracy and Dissent’ – organised by the Supreme Court Bar Association (SCBA).
“If judges of the superior courts were to take note of all the contemptuous communications received by them, there would be no work other than the contempt proceedings. In fact, I welcome criticism of the judiciary because only if there is criticism, will there be improvement,” Justice Gupta said.
Justice Gupta said there must be also introspection as ‘when we introspect, we will find that many decisions taken by us need to be corrected’.
“Criticism of the executive, the judiciary, the bureaucracy or the Armed Forces cannot be termed ‘anti-national’. In case we attempt to stifle criticism of the institutions whether it be the legislature, the executive or the judiciary or other bodies of the State, we shall become a police state instead of a democracy and this the founding fathers never expected this country to be,” pointed out Justice Gupta.
“To question, to challenge, to verify, to ask for accountability from the government is the right of every citizen under the Constitution. These rights should never be taken away otherwise. We will become an unquestioning moribund society, which will not be able to develop any further,” Justice Gupta who is set to retire May 6 added.
Highlighting the importance of dissent in a democracy, Justice Gupta said, “If a country has to grow in a holistic manner where not only the economic rights but also the civil rights of the citizen are to be protected, dissent and disagreement have to be permitted, and in fact, should be encouraged.”
PTI