State must side with weaker population in democracy: CJI Chandrachud

Chief Justice of India (CJI) DY Chandrachud on Saturday said the state should side with the weaker population, who could be a numerical or social minority, so that all citizens feel free in a democracy.

Speaking at the Keshav Chandra Dhulia Memorial Essay Competition here, the CJI said the majority will have its way in a democracy but the minority should have its say.

He said democracy must work with all its stakeholders to be more than just an approximation of the preferences of the majority.

This involvement may or may not lead to an immediate outcome, but it will certainly remain etched in history as a historical fact that can be revived in the future, the CJI said.

“For all citizens to feel free in a democracy, the state must side with the weaker population, which may be a numerical or social minority. This may at first glance appear to conflict with the democratic principle of majority rule. Majority rule can be achieved through many forms of government,” he added.

The CJI said the “beauty of a democracy is the sense of moral status that allows all citizens to participate in a country and the consensus in its decision-making”.

“In a democracy, the majority will get its way, but the minority must have its say,” he added.

Elaborating on his position, the CJI said that if a democracy cannot ensure discourse on the needs of all its people, it cannot fulfill its promise. So to resolve their discontent, a democracy must start by listening to them.

“Just because a body is elected does not guarantee that it will act in the best interests of those it governs. Democracy is messy and imperfect, but inherent in it are the postulates of justice, liberty, equality and fraternity,” he added.

Speaking about the vitality of dissent, the CJI said that in a democracy, dissent, even those that are unpopular and unacceptable, provide us with windows to the future.

“If democracy means that the views of the majority prevail, this necessarily implies the existence of a deliberative and ultimately a dissenting minority. And this can sometimes be more powerful than a stupid, unthinking, accepting majority, ruled by slogans. A servile and submissive population guarantees a weakened democracy,” he said.

The CJI said dissent arises from deep questions about the workings of society.

“Abolition of slavery, annihilation of caste, emancipation of gender minorities and religious harmony were once dissenting opinions. However, these dissenting opinions have the power to fundamentally restructure our society by sparking an important conversation,” the CJI said.

“These dissenting opinions do not arise from nowhere, but from a democratic culture of fierce debate. Therefore, a society that does not encourage its citizens to think critically, question existing power and engage in non-conformist democratic discourse will not progress because it will fail to create dissenters.” , he added.