Is the “Right to Dissent”, a fundamental right in the Indian Constitution? What is the role of dissent in a democracy?
Yes. The right to dissent is a fundamental right under the two rights granted under the Right to freedom in Article 19.
- Right to Freedom of speech and expression- The right to dissent is inherent in this right, because expression and free speech may also be in the form of dissent.
- The right to peaceful Assembly- the protest and dissent may be collected in the form of assembly of people.
But subjected to reasonable restrictions.
Supreme Court Judgments: Hon’ble SC in its judgments has always been endorsing that the right to dissent is a part of freedom of speech under Article 19:
- Justice K. Subba Rao in the 1962 Kharak Singh case said that restrictions cannot be imposed on free speech and dissent based on “personal sensitiveness”.
- Shreya Singhal v UOI(2015)- In the Shreya Singhal judgment, Justice Rohinton Nariman said “protected and innocent speech” cannot be curtailed on vague grounds that it was “grossly offensive” or “causes annoyance or inconvenience”. What offends, annoys or inconveniences one may not have the same effect on another.
- K S Puttaswamy v UOI(2017)- In Privacy Case judgment the SC noted that said: “neither life nor liberty is bounties conferred by the State”.
- In Romila Thapar Case(2018), Justice D.Y. Chandrachud observed in his dissenting opinion “that Individuals who dissent from the government are entitled to the freedoms which are guaranteed by the Constitution. Dissent is a symbol of a vibrant democracy. Voices in opposition cannot be muzzled by persecuting those who take up unpopular causes.”
Conclusion- The right to dissent is very much a fundamental right. Yet the state can impose reasonable restrictions on this right on the ground of Sovereignty of state, security of state etc as mention under Article 19(2) of the constitution.