Right to Protest in India: Constitutional Basis, Legal Limits and Supreme Court Guidelines

Right to Protest in India Latest News

• Police cracked down on the Cockroach Janta Party (CJP) and its supporters as thousands joined a planned march to Parliament, leading to the shutting of Parliament complex gates. 
• The government engaged with protesters, with CJP submitting a written letter of demands to a senior ruling party leader. The episode has revived the debate: is staging a protest legal in India, and what forms of protest are permitted?

Constitutional Basis for the Right to Protest

• The right to protest is protected under the Fundamental Right to Freedom:
  • Article 19(1)(a): Guarantees “freedom of speech and expression.”
  • Article 19(1)(b): Guarantees the right to “assemble peaceably and without arms.”
• However, these rights are subject to “reasonable restrictions” in the interest of:
  • Sovereignty and integrity of India
  • Security of the State
  • Friendly relations with foreign States
  • Public order, decency, or morality
  • Contempt of court, defamation, or incitement to an offence

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How Protests Are Regulated

• While citizens have the right to organise protests, this must be exercised within constitutional restrictions. 
• The common regulatory practice in India includes:
  • Designating specific spots for protests
  • Making police permission mandatory
  • Imposing prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (earlier Section 144 of the CrPC)

India’s Position at the UN

• At the 47th Session of the UN Human Rights Council (Geneva, 2021), India’s representative affirmed that peaceful assembly and marches are a “cherished and valuable aspect” of India’s democratic tradition, tracing this practice back to the independence struggle. 
• It was noted that Article 19 guarantees the right to assemble peacefully without arms and to form associations and unions, and that the Supreme Court has recognised peaceful protest as a constitutional right. 
• India also emphasised that the government must balance citizens’ rights with its duty to protect the right to life.

Key Supreme Court Rulings on Protest Rights

• The Supreme Court has, over the years, upheld both the right to protest and reasonable limits on it.

Himat Lal K. Shah v. Commissioner of Police (1973)

• The Court held that freedom of assembly is essential to democracy, enabling citizens to meet and discuss religious, political, economic, or social issues. 
• It clarified that while the State can regulate its property for public purposes, there is a constitutional difference between “reasonable regulation and arbitrary exclusion.”

Mazdoor Kisan Shakti Sangathan v. Union of India (2018)

• This case challenged the repeated imposition of Section 144 CrPC banning assembly near Parliament House, North and South Block, Central Vista Lawns, and surrounding areas in Delhi. 
• The Court laid down specific guidelines:
  • Regulating the number of participants
  • Maintaining minimum distance from Parliament House, North/South Blocks, the Supreme Court, and dignitaries’ residences
  • Prohibiting demonstrators from carrying firearms, lathis, spears, swords, etc.
• This ruling effectively reaffirmed Jantar Mantar as Delhi’s designated protest site while clarifying that regulation must not amount to prohibition.

Amit Sahni v. Commissioner of Police (2020) – The Shaheen Bagh case

• The Supreme Court ruled that protests must be held in “identified areas” and that protesters cannot block public roads or cause public inconvenience. 
• The Court stated clearly: “You cannot block public roads. There cannot be indefinite period of protest in such an area… You cannot create inconvenience for the people.”

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