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Our Right to Dissent

P. A. Joseph P. A. Joseph
15 Jan 2024
We the people of India having solemnly resolved to constitute India into a sovereign, socialist, secular, democratic Republic, and to secure to all its citizens, justice, social, economic, political, liberty of thought, ex<x>pressions, belief, faith,

It was the school assembly. The guest speaker asked the students: "whose school is this"? One student answered: "This school belongs to the Principal," and another answered: "This school belongs to the school managing committee". The speaker was unsatisfied. Then came forward a brilliant student. She answered: "This school belongs to all of us: the management, the principal, the teachers, the helping staff, and all of us students". The guest speaker was pleased. The school belongs to all of us.

The same question can be asked about our nation. In the preamble of the Constitution, we read: "We the people of India having solemnly resolved to constitute India into a sovereign, socialist, secular, democratic Republic, and to secure to all its citizens, justice, social, economic, political, liberty of thought, expressions, belief, faith, and worship, equality of status, and opportunity, and to promote among them all fraternity, and assuring the dignity of the individual, unity and integrity of the nation. In our constituent assembly on this day 26th, November 1949, we here adopt and enact and give to ourselves this Constitution."

We are the agents to administer, serve and develop our nation towards peace and prosperity, and all have to be involved in this programme and process. In our democratic nation, MPs and MLAs are representatives of the people. Their job is to represent the different needs through agreement and dissent to reach a consensus. According to DY Chandrachud, the Chief Justice of India, dissent is the safety valve for democracy. Without proper dissent, democracy would collapse, and the nation would fall into autocracy and feudalism. Hence, any attempt to curb or silence dissent is to instil fear in the minds of the elected representatives in violation of constitutional values, undemocratic, and anti-national.

Commitment to protecting deliberative dialogue is an essential aspect of any democracy. The true test of a democracy is its ability to ensure the creation and protection of spaces where every individual can voice one's opinion without fear and retribution. Every person from any state, race, language, belief, or culture must experience free and safe exercise in the ambience of the sacred place of the parliament/assembly. Providing a space to a multitude of cultures of the Indian Union is respecting the people's right to dissent.

The making of our nation is not of a day but a continuous process to be activated by every individual. No one can claim a monopoly, however strong one or the institution one represents is. The framers of the Constitution rejected the idea of a Hindu India or a Muslim India. They recognized the Republic of India. Our differences are not our weakness, but our ability to transcend the differences is our strength. India is a sub-continent of diversity and pluralism.

Healthy dissent is the invitation and demand to return to the constitutional path. Further, protecting dissent is a reminder that we democratically elect the government following the guidelines of the Constitution we have accepted. It is imperative for the healthy running of the nation. No one has the power to extinguish dissent under the pretext of discipline. The president of the parliament/assembly is only a guide to coordinate and not to command. Even their role and power is given by the elected representatives.

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