Supreme Court judge Justice Ujjal Bhuyan has raised concerns over what he described as the shrinking space for democratic dissent in India, warning that students, activists and ordinary citizens are increasingly facing criminal proceedings and prolonged detention for exercising their constitutional rights.

Delivering the 5th Justice G.P. Singh Memorial Lecture at the National Law Institute University (NLIU) in Bhopal, Justice Bhuyan said disagreement and peaceful debate were central to a functioning democracy. However, he observed that dissent was increasingly being met with arrests, extended incarceration and bail conditions that could restrict an individual's freedom of expression, Live Law reported.

“For putting a post on Facebook commenting on the conduct of a minister who had called a serving Indian Army officer a daughter of a terrorist, an FIR is lodged, and he has to seek anticipatory bail. Bail is granted but what does the Court do? [Asking them to] deposit your passport [when) he is not even on a flight risk. [Then it says] don’t post anything on Facebook,” he said as per Live Law.

Justice Bhuyan also questioned the prolonged detention of students involved in campus protests and criticised bail conditions that, in his view, could have the effect of restricting free speech. Referring to the arrest of youngsters who had gathered on a boat in the Ganga for Iftar, he said, “There is no law prohibiting consumption of chicken over the Ganga river; they were arrested for that very reason and they had to remain in jail for three months. Can people be arrested and denied bail for 3 months for such an activity, I ask myself! Citizens are watching, people are watching.”

He further questioned the denial of permission for a pro-Palestine demonstration in Mumbai and stressed that educational institutions should foster critical thinking, discussion and debate instead of discouraging student activism.

“India has recognised Palestine; we have a Palestinian Embassy in India. Traditionally, India has always recognised Palestine … [Yet] it is South Africa that moved the International Court of Justice against what is happening there, asking it to make a declaration that it is genocide. The UN appointed Justice Muralidhar, former judge of the Orissa High Court, to go into the violence in Gaza. He has published a report, which is accepted by the UN and is now in the public domain, about the violence meted out by the state on such children, women and elderly,” Justice Bhuyan told the audience.

On the issue of Gaza, Justice Bhuyan said he found it “very amusing” that a judge had questioned why people wished to protest over events outside India, Bar and Bench reported.

The Supreme Court judge also spoke about the importance of maintaining a clear separation between the judiciary and the executive. He expressed reservations about retired judges entering politics immediately after leaving judicial office, arguing that such moves could blur the constitutional boundaries between the two branches of government.

“If we have two legs at one place, the stool will fall apart. This is the fundamental principle. Therefore, when a former Chief Justice of India says he is going to the Rajya Sabha to bridge the gap between the judiciary and the executive, it is fundamentally wrong… It goes against the principles of separation of powers,” he said, Bar and Bench reported.

Justice Bhuyan also defended the Supreme Court's landmark Kesavananda Bharati judgment, calling it a decision that has endured over time, while taking issue with public criticism questioning its constitutional and jurisprudential foundations. 
His remarks at the lecture placed renewed emphasis on the need to protect dissent, preserve institutional boundaries and ensure that democratic freedoms remain meaningful in practice.