'Right to Question Is Not Defiance': SC Judge Ujjal Bhuyan Slams Punitive Threats Against Students

In a robust defence of academic freedom and democratic dissent, Supreme Court judge Justice Ujjal Bhuyan has declared that threatening students with disciplinary action for holding differing views is an unconstitutional misuse of power and office.

Delivering the convocation address to the LLM graduating class at National Law University, Delhi, Justice Bhuyan cautioned that an intolerant mindset is fundamentally at odds with the spirit of the Indian Constitution, warning that intolerance itself can degenerate into another form of violence.

His sharp commentary comes at a critical juncture for higher legal education in India, following a bitter face-off between law students, university administration, and the Bar Council of India (BCI).

The controversy erupted at Hyderabad's NALSAR University of Law, where students actively voiced opposition to the proposed participation of Chief Justice of India Surya Kant at their annual convocation, following his recent public remarks regarding student protest violence. The standoff escalated rapidly after the BCI issued an unprecedented directive instructing State Bar Councils not to enrol graduates from NALSAR’s graduating batch pending an inquiry into the student movement.

While intense public backlash and immediate scrutiny from the Supreme Court forced the BCI to retract its order—with the apex court directing that no punitive measures be taken against students or faculty—the unrest quickly spilt over to the National Law School of India University (NLSIU) in Bengaluru. Outgoing NLSIU students similarly raised objections to hosting the CJI and the BCI chairman, prompting the university administration to cancel its physical convocation ceremony entirely and announce that degrees would be conferred in absentia.

Addressing this climate of institutional friction, Justice Bhuyan reminded the gathering that constitutional democracy does not demand uniform thinking.

"In a democracy, the right to question is not an act of defiance," Justice Bhuyan said. "It is an essential expression of citizenship, liberty and constitutional responsibility. So when students express a different point of view, when students ask questions, they cannot be threatened. They cannot be threatened with punitive action. That is unconstitutional. That is misuse of power and office."

Emphasising India’s foundational heritage, the judge noted that as the land of Buddha and Gandhi, the nation has no place for coercion. He pointed out that intolerance begins to corrode the constitutional framework the moment disagreement is no longer treated as a legitimate difference of opinion, but as something that must be silenced or punished.

Justice Bhuyan urged universities to safeguard their position as spaces where established positions are scrutinised without fear.

"If we want a democratic society that respects liberty and difference, that culture has to begin from the universities," he stressed, reminding the graduating legal scholars that their primary duty is to ensure constitutional values—liberty, equality, dignity, and justice—remain at the heart of the law, even in moments of intense public debate and disagreement.