This article has been authored by Avinash Singh Vishen, Founder & Managing Partner at Vishen Law Chambers.
“Into that heaven of freedom, my father, let my country awake”
Dissent is understood to be the most important element of social change in any democracy. In western civilizations, form of extreme dissent are given constitutional protection whereas in India extreme dissent has been historically called “internal disturbances” or sedition. It is worth noticing that the roots of this grey area between seditious speech and political dissent can be found in the concept of ideological colonialism which has played a huge part in defining Freedom of speech and expression as well as Reasonable Restrictions as per the Constitution of India.
Our Freedom Fighters were the strongest advocates of dissent as a tool of democracy and the idea of freedom of speech and expression during the British Raj. The Constitution of India which was framed by the freedom fighters, embodied the idea of Free Speech and Expression however also imposed reasonable restrictions on free speech and expression which consisted of subjective terms such as morality and decency.
On further examination of Indian Political and Legislative History, we can find a plethora of examples as to how the dissenters became the dissentee. The argument I am putting forward is fairly simplistic but seems to have a practical and historical implementation in India.
The Dissenter
For the opposition, the idea of dissent is the embodiment of Free Speech and Expression as guaranteed by the Constitution of India. The Opposition uses this tool as the fabric of social change, they make it a point to ensure that they utilize every opportunity to criticize any action of the government which can be even slightly criticized. Initially, their dissent is labelled as immoral and against the interest of public order but then Slowly and steadily the subject of their political dissent becomes the part of societal norms, they gain political support for their ideas and against the incumbent government’s actions.
The general public then embraces the idea behind the political dissent of the opposition as the new standard of morality and public decency and this results in overwhelming public sentiment against the incumbent government. The general electorate influenced by the promise of “happily ever after” elects the dissenter and outs the incumbent government. The idea of Free Speech and Expression seems to have won as the dissenter emerges as a charismatic leader having overwhelming support of the public.
The Dissentee
For an incumbent government, the idea of dissent is almost non-existent. The one in power always assumes that they have the vote of the general electorate and their actions are the representation of the will of the general electorate. In essence, the scope of dissent is equivalent to the voice of a minority of the population which doesn’t agree with the will of the general electorate.
For the Government, their actions and legislative ideas are the representation of the morality and public order prevalent in general public, hence any person or group of persons who speak against the government becomes guilty of acting against the standard of morality and decency prevalent in the society. Thus, the dissenter becomes an embodiment of Reasonable Restrictions to Speech and Expression, in the eyes of the government.
The Cycle of Political Dissent
Every Government assumes that any person or group of persons who oppose their actions and ideas are acting against morality and decency of the general will, while the dissenters think that the governments decision of restricting their free speech is the very embodiment of undemocratic values. The subjective terms morality and decency which are also reasonable restrictions on the exercise of free speech have hence become the tool of social change as well as curbing dissent.
Every democratically elected government comes to power with new ideas and values which are the reflection of the standards of morality and decency prevalent in the will of the general public. When the purpose of their ideas and values are achieved, they become a constant in the otherwise variable world of politics. The ideas which were earlier labelled as against the morality and decency prevalent in the society, now become the socially accepted norm and the incumbent government is ousted. The originally incumbent government is now ousted as it now takes up the role of dissenters.
The inevitable cycle of Political Dissent thus leads to the Dissenter becoming the Dissentee and vice versa.