Judicial Reforms

Criticizing executive, judiciary and bureaucracy cannot be called sedition: SC Judge

Note4Students

From UPSC perspective, the following things are important :

Prelims level : Not Much

Mains level : Sedition Law and issues

  • Justice Deepak Gupta, judge of Supreme Court, opined about the chilling effect caused by sedition law on legitimate criticism on the organs of state.
  • As citizens, Indians have the right to criticize the government, and criticism cannot be construed as sedition, he said, adding that stifling such criticism will make us a police state.

Sedition and Right to dissent

  • Criticism of the executive, the judiciary, the bureaucracy, the armed forces cannot be termed sedition.
  • If we stifle criticism of these institutions, we shall become a police state instead of a democracy.”
  • There is a very important right which is not spelt out in the Constitution… the right of freedom of opinion, the right of freedom of conscience, by themselves, include the most important right — the right to dissent.

Why is dissent important?

  • Every society has its own rules, and over a period of time, when people stick to only age-old rules and conventions, the society degenerates; it doesn’t develop.
  • New thinkers are born when they disagree with well-accepted norms of the society. If everybody follows the well-trodden path, no new paths will be created and no new vistas of the mind will be found.
  • If a person doesn’t ask questions and raise issues questioning age-old systems, no new systems will develop and horizons of the mind will not expand.
  • New thoughts and religious practices have developed only when they have questioned the old.

A right to expression

  • He said that in a secular country such as India, a non-believer, an atheist, an agnostic, ritualistic or a spiritualist person all has the right to expression.
  • When we talk of dissent, it reminds of Justice H R Khanna in the habeas corpus case.
  • That dissent is more important than any decision that may have come before or after it. Today, it is the rule of law.
  • In a case, a five-member bench was adjudicating on the matter of those detained during the Emergency in 1975, and Justice Khanna was the lone dissenter, while the four other judges in the bench allowed unrestricted powers of detention during the Emergency

Judiciary not above criticism

  • The judge emphasized that allowing a climate for free expression of thoughts and ideas without fear of criminal prosecution is essential for growth of civilization.
  • 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.
  • Not only should there be criticism but there must be introspection. When we introspect, we will find that many decisions taken by Judiciary need to be corrected.

(Note: All these are personal opinion of the apex court Judge.)

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