Current Affairs
Mains issueGS-2Editorials13 August 2026

Peaceful dissent is a constitutional right

Source: thehindu.comOriginal report

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Why now

01

The article emphasizes that peaceful dissent is a fundamental constitutional right, not a privilege, crucial for democratic governance. It highlights concerns raised by Supreme Court Justice Ujjal Bhuyan regarding the shrinking democratic space and the criminalization of dissent, citing issues like prolonged incarceration and arbitrary restrictions on speech and assembly. The piece reinforces these principles by referencing observations from former Chief Justice D.Y. Chandrachud, Justice B.V. Nagarathna, and the enduring legacy of Justice H.R. Khanna, particularly his dissent in the ADM Jabalpur case. It concludes by asserting that criminal law should not be used to suppress lawful expression and that protecting dissent is vital for a healthy democracy, drawing parallels with recent protests at Jantar Mantar.

Core issue

02

The article emphasizes that peaceful dissent is a fundamental constitutional right, not a privilege, crucial for democratic governance. It highlights concerns raised by Supreme Court Justice Ujjal Bhuyan regarding the shrinking democratic space and the criminalization of dissent, citing issues like prolonged incarceration and arbitrary restrictions on speech and assembly. The piece reinforces these principles by referencing observations from former Chief Justice D.Y. Chandrachud, Justice B.V. Nagarathna, and the enduring legacy of Justice H.R. Khanna, particularly his dissent in the ADM Jabalpur case. It concludes by asserting that criminal law should not be used to suppress lawful expression and that protecting dissent is vital for a healthy democracy, drawing parallels with recent protests at Jantar Mantar.

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