M. K. Guru Prasath, B.B.A LL.B. (Hons), The Tamilnadu Dr. Ambedkar Law University, School of Excellence in Law, Chennai
K. Jerlin Subiksha, B.B.A LL.B. (Hons), The Tamilnadu Dr. Ambedkar Law University, School of Excellence in Law, Chennai
ABSTRACT:
In the Indian legal system, the role of dissenting opinion is crucial in upholding the principles of justice, ensuring checks and balances and promoting a healthy democracy. It allows judges to offer an alternative perspective, challenge the reasoning of the majority, and present a different interpretation of the law. One of the main functions of dissent is to protect the principles of justice and protect the rights of minority opinions. By allowing dissent, the judge ensures that multiple perspectives are considered before making a final decision. This helps avoid the dominance of one point of view and encourages open discussion.
Dissenting opinions are also a check and balance tool for the judicial system. In dissent, justices may point out possible errors, biases, or inconsistencies in the majority opinion. This forces the majority to reconsider its reasoning and strengthens the overall quality of the judicial process.
Different opinions contribute to the development of the law. They often offer alternative interpretations, innovative legal arguments or propose new legal doctrines. It promotes the growth and development of the legal system, enabling it to adapt to social changes and respond to emerging legal challenges. They can be persuasive authorities that inspire future justices to adopt the arguments and reasoning presented in the dissent. In this way, disagreements can shape the future course of the law and promote its gradual development. This paper analyses the significance and impact of dissent on the Indian Judiciary. This study is based on doctrinal research.
Keywords: Dissent, Article 145 of Indian Constitution, dissenting judgements, minority opinions.
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