The nature of dissent in the Indian judiciary
(Source – The Hindu, International Edition – Page No. – 10)
| Topic: GS2 – Indian Polity – Judiciary |
| Context |
| ● The article compares U.S. Supreme Court dissents, influenced by political appointments, with India’s diverse judicial dissents—political, social, and intellectual. |
Dissent in Democracies: A Comparative Overview:
Role of Dissent in Democracy
- Dissent is an essential component of a vibrant democracy, including in the judiciary.
- While both the Indian and U.S. Supreme Courts feature powerful judicial dissents, the underlying reasons differ between the two countries.
Dissents in the U.S. Supreme Court (SCOTUS)
- SCOTUS dissents are often influenced by the political leanings of the appointed judges.
- Example: Justice Stephen Breyer (appointed by Democrats) supported pro-affirmative action, anti-capital punishment views, as seen in his dissent in Glossip v. Gross (2015).
- Example: Justice Samuel Alito (appointed by Republicans) opposed same-sex marriage and abortion rights, as demonstrated in his dissent in Obergefell v. Hodges (2015).
Political Dissent in the Indian Supreme Court
- Unlike the U.S., Indian judges are selected by a collegium of senior judges, reducing political influence in decisions.
- Example: ADM Jabalpur (1976) – Justice H.R. Khanna dissented against suspending fundamental rights during the Emergency, a stance that later became law through a constitutional amendment.
- Example: V. Narasimha Rao (1998) – Justices Agarwal and Anand dissented on parliamentary immunity regarding accepting bribes, a stance later overruled in Sita Soren (2023).
Social Dissent in the Indian Supreme Court
- Dissent can reflect different social views on legal issues, particularly when they touch on personal or religious matters.
- Example: Shayara Bano (2017) – Justices Khehar and Nazeer dissented from the majority opinion that struck down triple talaq, arguing it was an integral part of Sunni personal law.
- Example: Aishat Shifa (2022) – Justices Gupta and Dhulia had different views on whether the hijab ban in schools infringed upon secularism.
Intellectual Dissent in the Indian Supreme Court
- Some dissents are rooted in intellectual debates over constitutional interpretation.
- Example: Lalta Prasad Vaish (2024) – Justice Nagarathna dissented on the interpretation of “intoxicating liquor” in the Constitution, focusing on textual clarity.
Conclusion
- Dissent serves as a critical tool for maintaining judicial independence and shaping legal precedents in democracies.
- It fosters deeper engagement with legal principles and societal values.
| Practice Question: Judicial dissent is crucial for democracy. Discuss the nature and significance of dissent in the Indian Supreme Court, comparing it with the U.S. Supreme Court. (150 Words /10 marks) |
