Majoritarianism Is Antithesis to Democracy: Justice Deepak Gupta Speaking On 'Democracy And Dissent" [LIVE-Updates]
LIVELAW NEWS NETWORK
24 Feb 2020 9:24 AM GMT
Live Updates
- 24 Feb 2020 9:38 AM GMT
Now Justice Gupta talks about what according to him is the "most important dissent"- Justice H R Khanna's dissent in ADM Jabalpur case.
"He is next in line to be CJI, and was likely to lose his post if he gave that judgement.
Day before the Judgment was delivered, he told his sister- meri naukri gayi (I'll lose my job)", J Deepak Gupta about J Khanna.
- 24 Feb 2020 9:37 AM GMT
Justice Gupta refers to the dissent of Justice Fazal Ali in A K Gopalan case, which was later accepted in Maneka Gandhi case.
Second important dissent in Justice Subba Rao's dissent in Kharak Singh stating that right to privacy was a fundamental right. This view was later accepted many years later.
- 24 Feb 2020 9:36 AM GMT
There are some judgments where I feel something was not correct, but that's my opinion as Deepak Gupta. That's my view. But when I sit in a DB, I'm bound by it. And that's how it should be : Justice Deepak Gupta.
But when there is a case where I need to give dissenting I must
He refers to the slavery judgment of United States, where slavery was held to be constitutional. But one out of eight judges dissented. The dissenting judgment went on to become the future law.