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Monday, August 31, 2026

RIGHT TO QUESTION NOT DEFIANCE - UJJAL BHUYAN, SUPREME COURT JUDGE

 

At the convocation ceremony of the National Law University, New Delhi, Justice Ujjal Bhuyan, Hon'ble Judge of the Supreme Court of India, dissected defiance and dissent.

He said, "In a democracy, the right to question is not act of defiance. It is an essential expression of citizenship, liberty and constitutional responsibilty. If we want a democratic society that respects liberty and difference, that culture has to begin somewhere. It can only begin in our Universities. A university ..should be one of the first places where the habit of thinking freely begins."

"In a constitutional democracy like India, govt must listen to citizens, give space for dissent and have institutions that are accountable to society and do not treat every dissent as a threat."

"A university should be a space where an idea is not accepted merely because it is familiar and where students do not hesitate to ask difficult questions simply because the answer may be uncomfortable."

"India's constitution guarantees free speech, thinking and believing differently.'

"Intolerance begins to undermine that framework when disagreement or dissent is no longer treated as a legitimate difference of opinion but as something that must be silenced, rejected or punished. The ability to live with disagreement is, therefore, not merely a social virtue. It is the very essence of a liberal constitutional democracy."

"The maturity of a democracy is reflected not merely in how it treated opinions that are popular, having the majoritarian mandate, but also in how it responds to opinions that are difficult or incovenient."

"The freedom to express an opinion, to disagree with the prevailing view and to participate in public life would be meaningful  only when there is space for dissent."

"A democracy becomes meaningful not when everyone speaks the same language of thought, but when different voices can coexist, be heard  and be treated with dignity."

"Tolerance under our constitution does not ask us to surrender our individuality. It recognises that a free society  would contain different opinions, beliefs and ways of looking at the world."

He concluded quoting the 1986 judgement in Bijoe Emmanuel case by Justice O. Chinnappa Reddy, "Our tradition teaches tolerance. Our philosophy preaches tolerance. Our constitution practices tolerance. Let us not dilute it."

The Times of India 31 August 2026

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