Supreme Court Justice Ujjal Bhuyan recently remarked that an intolerant society can never be progressive or inclusive.
Justice Bhuyan made the comment while delivering valedictory address at the 8th Smt. Nirmala Devi Bam Memorial International Moot Court Competition organised by the Indore Institute of Law.
Drawing on the Preamble to the Constitution, Justice Bhuyan said tolerance and respect for differing viewpoints occupy a very important place in the constitutional scheme.
"The Preamble resolves to secure to all citizens liberty of thought, expression, belief, faith and worship," he said.
Justice Bhuyan also said that history repeatedly demonstrates that free speech often becomes an instrument for social transformation.
He added that constitutional values are tested not in the lived experiences of the privileged but in the experiences of those who remain marginalised and unheard.
He said the constitutionalism must be viewed from the perspective of "constitutional losers, not winners," adding that human rights can be meaningful only when human suffering is taken seriously.
Justice Bhuyan also said an egalitarian society can only emerge when growth remains inclusive.
"It is essential to ensure justice and equality of opportunity, and that the State does not create conditions where the privileged few prosper at the expense of the multitudes living in endemic poverty. A sustainable society can only rest on the principles of equity and justice," he said.
Referring to his separate but concurring opinion in Atul Mishra v. Union of India, where he had examined the concepts of fraternity and free speech, Justice Bhuyan said fraternity embodies a sense of collective brotherhood among all Indians, grounded in acknowledgment and respect based on equality.
"There is always space for dissent and tolerance. Disagreements with the beliefs and ideology of others is no reason for their suppression because tolerance recognises that there can be more than one view. Intolerance stems from a dogmatic conviction about the rightness and superiority of one's own beliefs over others," the judge added.
On advocacy, Justice Bhuyan said the transition from a moot court to a real courtroom is not always seamless.
He recounted a hearing involving a young lawyer who appeared before a bench of Justice Oka and himself in March last year. The counsel was well prepared but struggled under questioning, he said.
"We complimented her and told her that she had prepared her case well, but she needed to come out of her law school mooting," he said.