Important for UPSC Prelims: Polity
What is the Right to Protest?
- The Right to Protest is not expressly mentioned as a separate Fundamental Right in the Constitution.
- It is derived from the freedoms guaranteed under Article 19.
- It allows citizens to peacefully express dissent, criticize government actions, hold demonstrations, and seek accountability from the State.
Constitutional Basis
Article 19(1)(a) – Freedom of Speech and Expression
- Enables citizens to express opinions on government policies and public issues.
Article 19(1)(b) – Right to Assemble Peaceably and Without Arms
- Protects peaceful public meetings, demonstrations, and protests.
Article 19(1)(c) – Right to Form Associations or Unions
- Allows citizens to organize collectively for political, social, or public causes.
Together, these rights form the constitutional foundation of peaceful protest in India.
Is the Right to Protest Absolute?
No. The Constitution permits reasonable restrictions.
Reasonable Restrictions
Under Articles 19(2) and 19(3), the State may impose reasonable restrictions on the right to protest in the interests of the sovereignty and integrity of India, security of the State, friendly relations with foreign States, public order, decency or morality, contempt of court, defamation, and incitement to an offence.
Related Fundamental Duty
Article 51A(i)
Every citizen has the duty:
- To safeguard public property
- To abjure violence
Therefore, violent protests do not enjoy constitutional protection.
Prohibitory Orders under BNSS, 2023
Section 163 – Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
- Empowers an Executive Magistrate to issue orders restricting assemblies, marches, or demonstrations.
- Used when there is an imminent threat to:
- Public order
- Public safety
- Human life
- Rioting or affray
Important Supreme Court Judgements
1. Himat Lal K. Shah v. Commissioner of Police (1973)
- Held that peaceful assembly is essential to democracy.
- The State may regulate public meetings but cannot impose arbitrary bans.
2. Ramlila Maidan Incident v. Home Secretary (2012)
- Affirmed that peaceful protest is a Fundamental Right.
- Arbitrary executive action cannot curtail this right.
3. Mazdoor Kisan Shakti Sangathan v. Union of India (2018)
- Emphasised balancing the right to protest with the rights of residents and commuters.
- Supported regulated use of designated protest sites.
4. Amit Sahni v. Commissioner of Police (2020) (Shaheen Bagh Case)
- Held that public roads and public spaces cannot be occupied indefinitely.
- Protests should ordinarily be held at designated places without causing undue inconvenience to the public.
Conclusion
Strengthening the NTA through institutional reforms is crucial for ensuring fair, transparent, and secure examinations.
| These concepts have been elaborately discussed in the following article Right to Protest and Limits on Police Powers |