Staging a protest: Rights, restrictions in the law
Directly relevant to Constitutional Law and Polity (GS-II) - covers fundamental rights, restrictions on rights, and judicial interpretation of constitutional provisions.
UPSC Relevance
Maps to GS Paper 2 (Polity) – Fundamental Rights and reasonable restrictions, specifically Article 19(1)(b) and Article 19(3).
What You Need to Know
The right to protest is a fundamental right under Article 19(1)(b) of the Indian Constitution, allowing citizens to assemble peacefully and without arms. However, it is subject to reasonable restrictions under Article 19(3) for public order, morality, and health.
Why It Matters for UPSC
This balance is crucial for democratic functioning, as protests are a key tool for civic engagement. For UPSC, understanding this tension is essential for answering questions on rights, restrictions, and judicial review.
Background
Article 19(1)(b) was part of the original Constitution (1950). Section 144 of CrPC (now BNSS) is a colonial-era provision used to prevent assemblies. Key turning points include the 2018 Shaheen Bagh protests and Supreme Court rulings on balancing rights.
Current Relevance
Recent protests (e.g., farmers' protests 2020-21, Shaheen Bagh 2019) have sparked debates on the scope of Section 144 and police powers. The Supreme Court has emphasized that peaceful protests cannot be banned outright, reinforcing the need for a balancing test.
Key Points for Revision
- •Right to protest under Article 19(1)(b) is fundamental but not absolute.
- •Restrictions under Article 19(3) must be 'reasonable' and for public order, morality, or health.
- •Section 144 CrPC (now BNSS) allows prohibitory orders but must be proportionate and time-bound.
- •Supreme Court in Ramlila Maidan (2012) held that peaceful protests cannot be completely banned.
- •Shaheen Bagh (2020) case clarified that indefinite occupation of public spaces is not protected.
Prelims Practice MCQs
Q1. Which of the following is NOT a valid ground for restricting the right to assemble under Article 19(3)?
Article 19(3) allows restrictions on the right to assemble only for reasons of sovereignty, public order, and morality. Economic efficiency is not a listed ground.
Q2. Consider the following statements about Section 144 of the CrPC (now BNSS): 1. It can be used to prohibit assembly of 5 or more persons. 2. It can only be imposed for a maximum of 2 months. 3. It requires prior judicial approval. Which of the above is/are correct?
Section 144 allows magistrates to prohibit assemblies of 5 or more persons for up to 2 months. It does not require prior judicial approval, though orders can be challenged in court.
Q3. In the context of the right to protest, the Supreme Court's judgment in the Ramlila Maidan case (2012) primarily dealt with:
In Ramlila Maidan (2012), the Supreme Court upheld the right to peaceful protest but held that restrictions must be proportionate and not arbitrary, setting a precedent for balancing rights.
Mains Practice Questions
Discuss the constitutional framework governing the right to protest in India. How have recent judicial pronouncements balanced this right with the need for public order? (150 words)
DiscussCritically analyse the role of Section 144 of the Code of Criminal Procedure in regulating protests in India. Is it a necessary tool or a potential instrument of executive overreach? (250 words)
Critically analyse