Justice Ujjal Bhuyan Champions the Right to Question
In a compelling speech at the National Law University Delhi’s 13th Convocation for postgraduate programs, Supreme Court Justice Ujjal Bhuyan articulated the crucial role of dissent and questioning in a democracy. Justice Bhuyan highlighted how punishing students for expressing differing opinions or raising questions undermines the principles of citizenship, liberty, and constitutional responsibility.
The Constitutional Framework for Diversity of Thought
Justice Bhuyan underscored that the Indian Constitution does not impose uniformity of thought. Instead, it provides a framework where individuals with diverse beliefs and opinions coexist with dignity and engage in democratic processes. He firmly stated, “In a democracy, the right to question is not an act of defiance. It is an essential expression of citizenship, liberty, and constitutional responsibility.”
The Imperative of Tolerance in Democratic Society
Emphasizing the role of tolerance, Justice Bhuyan noted, “A democratic society cannot be built on the edifice that everyone will think alike. It is built on the understanding that differences will exist and that those differences must be accommodated within the broader constitutional framework.” He stressed that intolerance, which dismisses dissent as a threat, is contrary to the spirit of the Constitution and could lead to misuse of power.
Reflections on Judicial Precedents
Justice Bhuyan recalled the landmark judgment of Justice Chinnappa Reddy in Bijoe Emmanuel v. State of Kerala, which emphasized the tradition and constitutional practice of tolerance. He reiterated that these words, spoken decades ago, hold even greater relevance today, asserting that tolerance is not merely a personal courtesy but a constitutional value.
The Role of Universities in Fostering Independent Thought
Justice Bhuyan also pointed out the unique position universities hold in cultivating free thought and inquiry. He remarked, “A university, in my view, should be one of the first places where the habit of thinking freely begins.” He called on educational institutions to encourage students to engage with challenging questions without fear of retribution, thereby strengthening the fabric of democratic society.
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In conclusion, Justice Bhuyan’s address serves as a powerful reminder of the vital need for dissent, tolerance, and independent thought within educational environments and the broader society, reaffirming their roles as pillars of a robust democracy.
