'In A Democracy, The Majority Will Have Its Way But The Minority Must Have Its Say': CJI DY Chandrachud

Chief Justice DY Chandrachud speaking at Justice Keshav Chandra Dhulia Memoral Lecture on the topic of 'Democracy, Debate and Dissent' on Saturday, said

“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. This may at first appear to be at odds with the democratic principle of majority rule. However, a mere rule by majority can be established by many forms of government. The beauty of a democracy is the sense of moral status with which all citizens can participate in a country and the consensus in its decision making. In a democracy the majority will have its way but the minority must have its say.”

The CJI spoke on how deliberation strengthens democratic foundations and on the vitality of dissent in a democracy. He said that engagement and debate must lie at the core of a participative democracy.

“A democracy, in order to be more than a mere approximation of majoritarian preferences, must engage with all its stakeholders. This engagement may or may not lead to an outcome rightaway, but will definitely remain etched as a historical fact-capable of being resurrected in the future.” he said.

The Chief Justice in this regard said that if a democracy cannot safeguard discourse around the needs of all its people, it falls short of its promise. In order to resolve the discontent of its people, a democracy must begin with hearing them, he added.

“..merely because a body is elected does not ensure that it acts in the best interest of those who it governs. Democracy is messy, and imperfect but inherent in it are the postulates of justice, liberty, equality, and fraternity” he said.

He said that a democracy is sustained by robust institutions that carry out democratic functions, and by procedural guarantees which prevent seepage of bias and unfairness in the process of decision making. He also said that a democracy requires constant dialogue between differing opinions and civil society organisations to fulfil the aspirations of the people.

Deliberation, according to him is the difference between a majoritarian decision that is foisted on an unwilling electorate and a decision that the people are willing to accept, engage with and hopefully alter one day.

“A deliberated outcome accords legitimacy to the institutions of governance. It is the difference between a defeated idea and a disenfranchised democratic participant. While the former may eventually erode with time, the latter militates against the very foundations of a deliberative, engaging Constitution," he said. 

The CJI also took the opportunity to highlight the importance of dissent. 'While deliberation sustains a democracy, dissent nourishes it' he said. 

"If democracy means that the views of the majority prevail, then it necessarily implies that a deliberating and eventually, a dissenting minority. And this can at times be more powerful than a dumb, unthinking accepting majority, ruled by slogans. A servile and subservient population guarantees a weakened democracy" the Chief Justice said.

He said that a society that does not encourage its citizens to critically think, question those in power, and engage in nonconformist democratic discourse will fail to progress because it will fail to create dissenters.

"Dissent emerges from profound questions about the working of the society. Abolition of slavery, annihilation of caste, emancipation of gender minorities, and religious harmony were all once dissenting opinions. However, these dissents hold the power to fundamentally restructure our society by sparking an important conversation. These dissents emerge not from thin air but from a democratic culture of fierce debates" the CJI said. 

The Chief Justice underscored that dissent in a democracy, even those which are unpopular and unacceptable, give us windows to the future

"While social harmony among citizens is a pre-requisite to democracy, it cannot be manufactured by removing conditions under which dissent may be freely expressed. A society is often known by its great dissenters because dissenters inform us of the location and direction of a democracy" he said. 

“I hope that the young minds that participated in this event continue to be committed to the values of the constitution which cultivate a culture of democracy, debate, and dissent” he said while concluding his lecture.