“Excessive freedom is not always beneficial; those with power and resources may silence others,” said former CJI Chandrachud. He emphasized that unchecked freedom of speech could be misused by powerful individuals to suppress marginalized voices. According to Chandrachud, in an unequal society, liberty can undermine equality, especially when those with more resources dominate public discourse. He warned that this imbalance can disrupt social harmony and justice.
New Delhi: Former Chief Justice of India, DY Chandrachud, recently made a notable comment on the complexities of freedom of speech, warning that excessive freedom can be perilous.
He expressed his concerns that unrestricted freedom of speech might allow powerful individuals to silence the voices of the poor and marginalized.
This discussion occurred during a lecture titled “Fraternity as a Search for an Inclusive Society” at the Kerala High Court. In his Constitution Day address, former CJI Chandrachud remarked that in an unequal society, those with power might misuse their freedom to harm weaker sections, emphasizing that “too much freedom is not always good.”
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He elaborated that in such societies, individuals with power could exploit their freedom to promote harmful activities against those less fortunate. He cautioned that if freedom of expression is completely unregulated, it may lead to the oppression of others’ voices by those with greater resources and influence.
He stated,
“In a society marked by inequality, those with power will use their liberty to promote actions that harm those with less power. If speech is entirely unrestricted, those with greater resources and influence will overpower all other voices with their own narrative,”
The former CJI was delivering the Constitution Day lecture at the Kerala High Court on the theme “Fraternity under the Constitution – our quest for an inclusive society.”
While acknowledging that free speech is both a constitutional right and an aspiration, he warned that its unchecked use could fuel hateful narratives, which in turn disrupt societal equality.
He remarked,
“Free speech is a constitutional right and a goal, but what happens if that narrative turns hateful? Liberty, in such a case, will destroy equality,”
He further emphasized that if everyone were treated equally without acknowledging the inherent differences and unequal distribution of resources in society, it would allow those with more resources to benefit over those with less social and cultural capital.
He concluded,
“Equality, in this sense, will destroy the liberty of the less privileged. Fraternity, however, is the great stabilizing force in a democracy, one that works for the benefit of all people,”
The Congress Party responded critically to the former CJI’s remarks, contending that his statements could incite hatred. Chandrachud acknowledged that while freedom of speech and expression is a constitutional right, its unchecked exercise could foster societal animosity and disrupt social equality.
He emphasized that if society were to treat everyone equally without addressing the unequal distribution of resources, it would favor the privileged and marginalize the less fortunate. In his address at the Kerala High Court, he affirmed that fraternity is a vital force for stability in a democracy and serves the interests of all.
He explained that in an unequal society, individuals with greater access to wealth, influence, and platforms can dominate public discourse, effectively silencing the voices of marginalized groups.