Right to dissent

Right to dissent: Article 19(1)(a) serves as a vehicle through which dissent can be expressed. The right to dissent, disagree and adopt varying and individualistic points of view inheres in every citizen of this Country. In fact, the right to dissent is the essence of a vibrant democracy, for it is only when there is dissent that different ideas would emerge which may be of help or assist the Government to improve or innovate upon its policies so that its governance would have a positive effect on the people of the country which would ultimately lead to stability, peace and development which are concomitants of good governance. 15.3. The following judgments of this Court on the right to dissent are noteworthy: (i) In Romesh Thappar, this Court recognised that criticism or dissent directed against the Government, was not to be curtailed and any attempt to do so could not be justified as a reasonable restriction under Article 19 (2) of the Constitution. This declaration by this Court cemented the idea that the freedom of speech and expression covers the right to dissent or criticise, even when such right is employed with respect to criticism of governmental policy or action or inaction. It is now recognised that the right to 33 dissent is an essential pre-requisite of a healthy democracy and a facet of free speech. (ii) In Kedar Nath Singh vs. State of Bihar, A.I.R. 1962 SC 955 (“Kedar Nath Singh”) this Court considered a challenge to Sections 124-A and 505 of the IPC, which criminalised attempts targeted at exciting disaffection towards the Government, by words, or through writing and publications which may disturb public tranquillity. Although this Court dismissed the challenge to the vires of the aforestated provisions, it was clarified that criticism of measures adopted by the government, would be within the limits of, and consistent with the freedom of speech and expression. (iii) Subsequently, in Directorate General of Doordarshan vs. Anand Patwardhan, (2006) 8 SCC 433 (“Anand Patwardhan”) this Court observed that the State cannot prevent open discission, even when such discussion was highly critical of governmental policy. (iv) The right of an individual to hold unpopular or unconventional views was once again upheld in Khushboo wherein this Court quashed First Information Reports (FIRs) registered pertaining to offences under Sections 292, 499, 500, 504, 505, 509 of the IPC, based on complaints regarding the unpopular comments made by the appellant 34 therein, an actor, in a news magazine on the subject of premarital sex wherein she had urged women and girls to take necessary precautions to avoid the transmission of venereal diseases. In doing so, this Court observed that criminal law could not be set into motion in a manner as would interfere with the domain of personal autonomy. The Court upheld the appellant’s freedom of speech and expression and quashed the FIRs, expressing the need for tolerance even qua unpopular views.