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Picture Courtesy: The Hindu

Context:

The 75th anniversary of the Constitution is an opportunity to evaluate its achievements and the challenges it currently faces.

About the Role of dissent in Democracy

Dissent serves as a "safety valve" in a democracy, which allows citizens to express their disagreement with government policies and hold power accountable. 

 Through dissent, societal issues can be brought to light, leading to public debate and potential policy changes that promote social progress. 

The act of dissenting encourages citizens to critically analyze government policies and societal norms, promoting a more informed and engaged citizenry. 

A.K. Gopalan v/s State of Madras case (1950)

The Supreme Court bench with majority upheld the Preventive Detention Act of 1950, ruling that it did not violate the Constitution. The court also held that Articles 19 and 21 of the Constitution are independent of each other. 

However, Justice S. Fazl Ali dissented from the decision and highlighted the connection between liberty, justice, and dignity. He argued that detention without valid reasons was unconstitutional, and stressed the need for a more comprehensive view of liberty and the connection between liberty, justice, and dignity. 

Years later, the Supreme Court overruled the A.K. Gopalan decision in the 1978 case Maneka Gandhi v/s Union of India. 

Puttaswamy v/s Union of India case

The Puttaswamy case (officially titled "Justice K.S. Puttaswamy v/s. Union of India") ruling that declared the "right to privacy" as a fundamental right under the Constitution.

In this case, the Supreme Court mentioned Justice Fazl Ali's dissent made in the Gopalan case, and acknowledged the shortcomings in earlier interpretations that limited personal liberty.

Role of judiciary  

The judiciary, as the protector of the constitution, has an ethical responsibility to protect personal liberty and dissent. The Supreme Court has defended these principles in some cases, such as in Puttaswamy, however, it has often failed to address systemic issues.

Delayed justice, reluctance to grant bail, and broad anti-terror laws have created a culture of impunity. The judiciary must adopt “creative constitutionalism,” interpreting laws in ways that prioritize justice and liberty over procedural technicalities.

Way Forward

The judiciary must prioritize the ethical values of the Constitution, especially in cases involving personal liberty, which includes comprehensive interpretation of fundamental rights, addressing misuse of laws, and aligning laws with constitutional values. By learning from past struggles and ensuring constitutional values guide state actions, India can fulfill its promises of justice, equality, and liberty.    

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Source: 

THE HINDU