Majoritarianism Is Antithesis to Democracy: Justice Deepak Gupta Speaking On 'Democracy And Dissent" [LIVE-Updates]

Justice Deepak Gupta quotes Tagore poem "Where the mind is without fear...."

He Concludes

Justice Deepak Gupta quotes Tagore poem "Where the mind is without fear...."

There is no holy cow as far as dissent is concerned. All institutions, including armed forces, can be subjected to criticism : Justice Deepak Gupta.

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.

This is still a minority judgement. But time will tell if it changes or not, Justice Gupta on Mirajkar case dissent.

Then refers to dissents of Justice Chandrachud in Aadhaar case, Justice Indu Malhotra in Sabarimala case.

Justice Subba Rao's dissent was way ahead of its time : Justice Deepak Gupta.

Now referring to Justice Hidayattullah's dissent in Naresh Mirajkar case on whether judicial actions can be challenged as violating fundamental rights.

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.

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.

A free country is one where there is freedom of speech, and governance by rule of law : Justice Deepak Gupta.

When rule of law disappears, we are governed by the whims of few :

Dissent was the essence of civil disobedience movement of Mahatma Gandhi

 What is rule of law- an integral part of our body politic. It is the golden thread that runs through our Constitution : Justice Deepak Gupta.