Why in the News?
In the U.S. Supreme Court, dissenting opinions often reflect the political views of judges, as they are appointed by the President and approved by the Senate. In contrast, dissenting opinions in the Indian judiciary cover a wider range, including political, social, and purely intellectual disagreements
What is the significance of dissenting opinions?
- Preservation of Judicial Independence: Dissenting opinions serve as a safeguard for judicial independence, allowing judges to express their disagreements with majority decisions without fear of repercussions. This fosters a culture of open debate within the judiciary, which is essential for a healthy democracy.
- Shaping Legal Precedents: Dissent can influence future legal interpretations and decisions. Over time, dissenting views may gain traction and become part of the evolving legal landscape, as seen in cases like ADM Jabalpur and P.V. Narasimha Rao, where dissents later informed subsequent rulings.
- Encouraging Public Discourse: Dissenting opinions can stimulate public discussion and debate about important legal and constitutional issues. They often highlight alternative perspectives that may resonate with societal values or concerns, thereby enriching democratic dialogue.
How does dissent in the Indian judiciary compare to that in the U.S.?
- Political Influences: In the U.S., dissent often reflects the political affiliations of justices, who are appointed by the President and confirmed by the Senate. For example, Justice Samuel Alito’s dissents align with conservative viewpoints on issues like abortion and same-sex marriage.
- In contrast, Indian judges are selected through a collegium system, which aims to reduce political influence on judicial decisions, resulting in dissents that may not necessarily align with current political sentiments.
- Nature of Dissents: U.S. Supreme Court dissents frequently stem from ideological divides among justices, whereas Indian judicial dissents encompass a broader spectrum, including political, social, and intellectual disagreements.
- For instance, Justices Khehar and Nazeer in Shayara Bano focused on the social implications of personal law rather than political affiliations.
- Impact on Law: While both systems recognise the importance of dissent in shaping jurisprudence, Indian dissents have historically led to significant legal changes post-ruling, as seen in cases like Sita Soren where earlier dissents influenced the court’s later position on parliamentary immunity.
What challenges and criticisms surround judicial dissent in India?
- Risk of Retaliation: Judges who dissent against majority opinions may face professional backlash or career repercussions. Notable cases include Justice H.R. Khanna, who was superseded as Chief Justice after his dissent in ADM Jabalpur, highlighting potential risks for dissenters within the judiciary.
- Infrequent Dissent: Despite its importance, dissent is relatively rare in the Indian Supreme Court compared to its potential significance. The Chief Justice often avoids dissenting opinions in constitutional bench cases, which raises concerns about conformity over independent judicial reasoning.
- Public Perception: Judicial dissent can sometimes be viewed negatively by the public or political entities as undermining judicial authority or coherence. This perception can discourage judges from expressing their dissent openly.
What are the accountable-related issues?
What is the review mechanism of committee set up under the Judges (Inquiry) Act, 1968?
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Way forward:
- Institutional Support for Dissent: Establish mechanisms to safeguard dissenting judges from career repercussions, such as transparent evaluation criteria and protections for judicial independence, ensuring open debate within the judiciary.
- Promote Judicial Dialogue: Encourage a culture of constructive dissent by incorporating dissenting opinions into judicial training and fostering recognition of their long-term contributions to legal evolution.
Mains PYQ:
Q Critically examine the Supreme Court’s judgement on ‘National Judicial Appointments Commission Act, 2014’ with reference to appointment of judges of higher judiciary in India. (UPSC IAS/2017)
