New Delhi, Aug 31:
Supreme Court Justice Ujjal Bhuyan on Sunday said students cannot be threatened or subjected to punitive action merely for expressing a different point of view or asking questions, describing such action as unconstitutional and an abuse of power.
Addressing the 13th convocation of the LLM batch at the National Law University, Delhi, Justice Bhuyan strongly defended the right to dissent and questioned attempts to suppress disagreement in educational institutions.
He said the right to question was not an act of defiance in a democracy but an essential part of citizenship, liberty and constitutional responsibility.
Justice Bhuyan stressed that students should be allowed to express views that differ from those of authorities and should not face threats or punishment for doing so.
He said an academic environment should encourage students to challenge established assumptions and examine whether laws and institutions were delivering justice.
According to the judge, legal education must go beyond imparting knowledge of statutes and court judgments. It must also teach students to critically examine the law and ask whether it is serving the larger cause of justice.
He said a democratic society cannot be built on the assumption that everyone must think alike.
His comments come amid recent controversies involving law universities and the Bar Council of India. The BCI had issued a directive, which was later withdrawn, concerning the enrolment of graduating students of NALSAR University of Law in Hyderabad following a campaign opposing the proposed participation of Chief Justice of India Surya Kant at the university’s convocation.
National Law School of India University in Bengaluru also cancelled its convocation following objections to the participation of the CJI.
Justice Bhuyan’s observations assume significance against this backdrop, particularly over the balance between institutional authority and students’ freedom to express dissent.
He emphasised that disagreement and debate were essential components of a healthy democratic and academic environment.
The judge’s remarks also underline the constitutional importance of protecting freedom of thought and expression within educational institutions, where students are expected to develop the ability to question, analyse and debate public issues.