·The Hindu·15 marks·250–350 words

"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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In this answer
  1. Dissent: Conscience of the Future
  2. Plurality: Many Voices, One Constitution
  3. Limits to be Managed

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. 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
  2. 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
  3. 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
  4. 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"
  5. 5The Bangalore Principles of Judicial Conduct (UNODC)impartiality in conduct in and out of court
  6. 6Commentary on the Bangalore Principles of Judicial Conduct (UNODC)judges may take part in public debate on major social problems, but not political activity

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