Dissent in Democracies
Dissent in constitutional courts is crucial for democracy, with differences in motivations and implications between India's Supreme Court and the U.S. Supreme Court. In India, judicial dissents can arise from political, social, or purely intellectual disagreements, unlike the more politically inclined dissents in the U.S. Notable Indian Supreme Court dissents have challenged political norms, reflected varying social understandings, and offered robust intellectual critiques on constitutional interpretations. Introduction to Dissent in Democracies Dissent plays a crucial role in a true democracy and is relevant to citizens, parliamentarians, and judges of constitutional courts. Both India and the U.S. have robust judicial systems where dissenting opinions are significant, albeit for different reasons. U.S. Judicial Dissent In the U.S. Supreme Court (SCOTUS), dissents often align with the political leanings of the judges, who are presidential appointees confirmed by the Senate. Justice Ste…
