"The law itself is a living conversation, shaped by voices that do not always harmonise." Discuss the role of dissent and plurality in strengthening constitutional adjudication in India.
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At NLSIU's 34th convocation, CJI Surya Kant called law "a living conversation" that, despite discord, creates "the symphony of justice" [1]. In constitutional adjudication, dissent and plurality turn the Court from an oracle into a forum of reasoned argument. This keeps the Constitution responsive.
Dissent: Conscience of the Future
- Constitutional licence: Article 145(5) lets any judge give a dissenting opinion [2].
- Corrective role: Justice H.R. Khanna's lone ADM Jabalpur dissent defended liberty during the Emergency. The nine-judge Puttaswamy bench (2017) later overruled that majority. It also accepted Justice Subba Rao's privacy dissent in Kharak Singh [3].
- Sharper reasoning: A strong dissent forces the majority to answer the best counter-arguments. This raises the quality of the judgment.
- Signal for reform: Dissent tells future benches and the legislature where the law may need to change.
Plurality: Many Voices, One Constitution
- Collective deliberation: Article 145(3) requires at least five judges to decide substantial questions of constitutional interpretation [2].
- Concurring routes: Puttaswamy's separate opinions based privacy on dignity, liberty and autonomy. Different lines of reasoning reached the same right [3].
- Diverse inputs: Amicus curiae, intervenors and judges from varied backgrounds bring wider social perspectives into the courtroom.
- Beyond the courtroom: Pluralism also includes citizens questioning judges. NALSAR and NLSIU students objected to the CJI's remarks on youth, and the convocation was postponed [1].
Limits to be Managed
- Fragmented verdicts can blur the ratio decidendi (the binding reasoning of a judgment). This leaves lower courts uncertain.
- Judicial speech: The Restatement of Values of Judicial Life (1997) asks judges to "let judgments speak" and to avoid political debate [4]. The Bangalore Principles require impartiality "in and out of court" [5]. The UN Commentary still allows judges to engage on major social problems [6].
Dissent corrects and plurality enriches, and together they make judgments more legitimate. The way forward:
- clear majority summaries in split verdicts;
- more diverse benches;
- judges' public speech guided by the Bangalore Principles.
Handled this way, disagreement upholds the Preamble's promise of liberty of thought and expression, and adjudication becomes the symphony the CJI described.
Sources
- 1"Law is shaped by voices that do not always harmonise: CJI", The Hindu, 18 Oct 2026CJI's NLSIU convocation quote; NALSAR/NLSIU student objection and postponement
- 2The Constitution of India (as on February 2026), Legislative Department, Ministry of Law & JusticeArticle 145(3) minimum five-judge bench; Article 145(5) dissenting opinions
- 3Justice K.S. Puttaswamy (Retd.) v. Union of India, Supreme Court of India, judgment of 24 Aug 2017ADM Jabalpur overruled; Khanna and Subba Rao dissents vindicated; plural opinions on privacy
- 4Rajya Sabha Standing Committee on Personnel, 21st Report on the Judges Inquiry Bill, 2006 (PRS)Restatement of Values of Judicial Life (1997): no public political debate; "let judgments speak"
- 5The Bangalore Principles of Judicial Conduct (UNODC)impartiality in conduct in and out of court
- 6Commentary on the Bangalore Principles of Judicial Conduct (UNODC)judges may take part in public debate on major social problems, but not political activity