Chief Justice of India D Y Chandrachud asserted on Saturday that the state should align itself with the more vulnerable segments of the population, whether numerically or socially, to ensure the freedom of all citizens within a democracy. Speaking at the Justice Keshav Chandra Dhulia Memorial Essay Competition in New Delhi, the CJI emphasized that while the majority may assert its influence in a democracy, the minority must have a platform for expression.
He underscored the importance of democracy engaging with all its stakeholders to transcend mere adherence to majority preferences, acknowledging that such engagement might not always yield immediate results but would be recorded as a historical fact with potential future significance.
The CJI stated, "For all citizens to feel free in a democracy, the state must side with the weaker population, which may be a numerical or a social minority." He acknowledged that this might seem contradictory to the democratic principle of majority rule but stressed that a true democracy goes beyond mere majority rule.
The CJI further expounded on his perspective, stating that if a democracy cannot protect discourse around the needs of all its people, it falls short of its promises. He emphasized that hearing the discontents of the populace is essential for resolving issues and that the messiness and imperfections of democracy are intrinsic to its postulates of justice, liberty, equality, and fraternity.
Highlighting the importance of dissent, the CJI stated that dissent, even if unpopular, provides insight into the future. He remarked that democracy, by definition, includes a deliberating and, at times, dissenting minority, which can be more powerful than a conformist majority ruled by slogans.
The CJI discussed the vitality of dissent in addressing profound societal questions, citing historical examples such as the abolition of slavery, caste annihilation, gender emancipation, and religious harmony.
He concluded by asserting that dissents do not arise in isolation but stem from a democratic culture of robust debates. A society that discourages critical thinking, questioning authority, and engaging in non-conformist democratic discourse, according to the CJI, is destined to stagnate as it fails to foster dissenters and progress.
