Says the right to dissent is important to end the malaise of corruption

A free environment for exercising political freedoms such as the right to dissent is necessary to end the malaise of corruption and diversion of funds and welfare benefits that are meant for the poor, the Supreme Court said in its privacy judgment on Thursday.

“Government leaders in authoritarian states” who choke citizens’ political freedoms find themselves often ill-prepared to resolve national crises. This is because lack of free flow of information and criticism has crippled the ability of the leadership to introspect on their actions and self-correct, the court said.

Enabling atmosphere

An enabling atmosphere for citizens to dissent and scrutinise government measures add to the vibrancy of democracy.

In the judgment, often quoting from Nobel laureate Amartya Sen, Justice D.Y. Chandrachud said: “His [Mr. Sen] analysis reveals that the political immunity enjoyed by government leaders in authoritarian states prevents effective measures being taken in critical situations like famine.”

The court was replying to the Centre’s argument that privacy of a few should be sacrificed at the altar of government’s drive to end corruption and money-laundering. Attorney General K.K. Venugopal had argued in the context of Aadhaar.

Mr. Venugopal said Aadhaar aided the economic right of the poor to get their wages under the Mahatma Gandhi National Rural Empolyment Guarantee Scheme, shelter and food. Only a few elite were concerned about the collection and use of biometric details for Aadhaar. ''For the poor, Aadhaar is a god-send.''

Transparent systems

But Justice Chandrachud, in his judgment, said: “The conditions necessary for realising or fulfilling socio-economic rights do not postulate the subversion of political freedom. The reason for this is simple. Capture of social welfare benefits can be obviated only when political systems are transparent and when there is a free flow of information. Opacity ensures to the benefit of those who monopolise scarce economic resources.”

On the other hand, conditions where civil and political freedoms flourished ensured that governmental policies were subjected to critique and assessment, he said.

''It is this scrutiny which sub-serves the purpose of ensuring that socio-economic benefits actually permeate to the under-privileged for whom they are meant. Conditions of freedom and a vibrant assertion of civil and political rights promote a constant review of the justness of socio-economic programmes and of their effectiveness in addressing deprivation and want. Scrutiny of public affairs is founded upon the existence of freedom. Hence civil and political rights and socio-economic rights are complementary and not mutually exclusive.”