In democracy, majority will have its way but minority must have its say: CJI Chandrachud

New Delhi, December 2

For all citizens to feel free in a democracy, the state must side with the weaker population which may be a numerical or a social minority, said Chief Justice of India DY Chandrachud on Saturday.

“This may at first appear to be at odds with the democratic principle of majority rule. However, a mere rule by majority can be established by many forms of government,” the CJI said at Justice Keshav Chandra Dhulia Memorial Essay Competition in Dehradun.

“The beauty of a democracy is the sense of moral status with which all citizens can participate in a country and the consensus in its decision making. In a democracy, the majority will have its way, but the minority must have its say,” he noted.

Democracy imperfect

Democracy is messy and imperfect, but inherent in it are the postulates of justice, liberty, equality and fraternity. —DY Chandrachud, CJI

“If democracy means that the views of the majority prevail then it necessarily implies that a deliberating and eventually, a dissenting minority. And this can at times be more powerful than a dumb, unthinking accepting majority, ruled by slogans. A servile and subservient population guarantees a weakened democracy,” he said, adding that dissent emerged from profound questions about the working of society.

“Merely because a body is elected does not ensure that it acts in the best interest of those who it governs. Democracy is messy and imperfect but inherent in it are the postulates of justice, liberty, equality and fraternity,” the CJI said.

Justice Chandrachud emphasised that democracy must engage with all its stakeholders in order to be more than a mere approximation of majoritarian preferences. He, however, said this engagement may or may not lead to an outcome right away but will definitely remain etched as a historical fact capable of being resurrected in the future. If a democracy cannot safeguard discourse around the needs of all its people, it falls short of its promise and thus in order to resolve their discontents, a democracy must begin with hearing them, he said.