The Right to Dissent is the Most Important Right Granted by the Constitution 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.
I. Dissent and Democracy
The Preamble to the Constitution of India promises liberty of thought, expression, belief, faith, and worship. Clauses (a) to (c) of Article 19(1) promise:
1. Freedom of speech and expression;
2. Freedom to assemble peaceably and without arms;
3. And the freedom to form associations or unions;
These three freedoms are vehicles through which dissent can be expressed. The right of freedom of opinion and the right of freedom of conscience by themselves include the extremely important right to disagree. The right to disagree, the right to dissent and the right to take another point of view would inhere inherently in each and every citizen of the country.
When we view all these together, it is more than obvious that the right to dissent is the biggest right and, in my opinion, the most important right granted by the Constitution. Every society has its own rules and over a period of time when people only stick to the age-old rules and conventions, society degenerates. New thinkers are born when they disagree with well-accepted norms of society. If everybody follows the well-trodden path, no new paths will be created, no new explorations will be done and no new vistas will be found.
If a person does not ask questions and does not raise doubts questioning age-old systems, no new systems would develop and the horizons of the mind will not expand. Whether it be Buddha, Mahavira, Jesus Christ, Prophet Mohammad, Guru Nanak Dev, Malcolm X, Kabir, Karl Marx, new thoughts and practices would not have been established, if they had quietly submitted to the views of their forefathers and had not questioned the existing practices, beliefs and rituals.
Importance of dissent
Dissent is essential in a democracy. 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. It is only if there is a discussion, disagreement, and dialogue that we can arrive at better ways to run the country.
There can be no democracy without dissent.
Dissent-Rationalism-Respect
The right to dissent is one of the most important rights guaranteed by our Constitution. As long as a person does not break the law or encourage strife, he has a right to differ from every other citizen and those in power and propagate what he believes is his belief.
The very essence of democracy is that every citizen has a right to participate not only in the electoral process but also in the way in which our country is run. This right becomes meaningless if that person cannot criticize the actions of the government. The citizen is not only a participant in the democratic process, he is an integral part of the country and has a right to express his views even if they are totally contrary to the views of those in power. No doubt, these views must be expressed in a peaceful manner but citizens have a right to get together and protest when they feel that actions taken by the government are not proper. Their cause may not always be right. At the same time, the government may also not be right.
Merely because certain groups oppose those in power cannot take away their right to oppose what is proposed by the government or to oppose any actions of the government as long as the protest is peaceful. The government has no right to stifle or quell protests as long as the protests are peaceful. The protest also means expressing dissent which is part of the legacy left by the father of the country in the form of the Civil Disobedience Movement, following the path of Ahimsa.
As a principle of governance, the rule of law, like democracy, and the separation of powers is an integral part of our body politic. It is the golden thread that runs through our Constitution. Anywhere, anytime, when ordinary people are given the chance to choose, the choice is the same: freedom, not tyranny; democracy, not dictatorship; the rule of law not the rule of men. The bedrock of our democracy is the rule of law and this necessitates that we must have an independent fearless judiciary. There can be a rule of law only when we have judges who can take decisions independent of political influence, totally uninfluenced by media or any other extraneous considerations.
A free country is one where there is freedom of expression and governance by the rule of law. When there is no sharing of power, no rule of law, no accountability, here is abuse, corruption, subjugation and indignation. When the rule of law disappears, we are ruled by the idiosyncrasies and whims of a few.
Conclusion
The right to dissent includes the right to criticise. We all must be open to criticism. The judiciary is not above criticism. 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, we welcome criticism of the judiciary because only if there is criticism, will there be improvement. Not only should there be criticism but there must be introspection. 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.
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.
I end with a poem from my favorite poet Guru Rabindranath Tagore. This poem is close to my heart.
Where the mind is without fear and the head is held high;
Where knowledge is free;
Where the world has not been broken up into fragments by narrow domestic walls;
Where words come out from the depth of truth; Where tireless striving stretches its arms towards perfection;
Where the clear stream of reason has not lost its way into the dreary desert sand of dead habit;
Where the mind is led forward by thee into ever-widening thought and action Into that heaven of freedom, my Father, let my country awake.
Thanks, and regards,
Fakru Ahmed Bashu (founder of Voice of Dissent India)
