Right to Protest

A Bench led by Chief Justice of India (CJI) D.Y. Chandrachud ordered the protesting doctors to resume work soon.

About Right to Protest

• Right to Protest is not an explicit right under the Fundamental rights, it can be derived from the Right to Freedom of Speech and Expression under Article 19.
  • Article 19(1)(a): Freedom of Speech and Expression
  • Article 19(1)(b): Right to Assemble Peacefully and Without Arms
  • Article 19(1)(c): Freedom to Form Associations or Unions
• Article 21 : Right to protest was an integral part of speech and an essential aspect of the right to live guaranteed under Article 21 of the Constitution. 
• Reasonable Restrictions: Mentioned under Article 19(2) and 19(3) on the following grounds
  • In the interests of the sovereignty & integrity of India,
  • The security of the State,
  • Friendly relations with foreign States,
  • Violation of Public order,
  • Decency or morality or in relation to Contempt of court, defamation or incitement of an offence
• Legal Right: The Right to Strike in India is a significant aspect of labour rights, but it is not an absolute or fundamental right. 
  • Instead, it is a legal right that is subject to various conditions and restrictions as outlined by the laws and judicial interpretations in the country. 

Check Out UPSC Modules From PW Store

Judiciary on Right to Protest

• In Ramlila Maidan Incident v. Home Secretary, Union Of India & Ors. (2012):  The Supreme Court stated, “Citizens have a fundamental right to assembly and peaceful protest which cannot be taken away by an arbitrary or executive or legislative action”. 
• Shaheen Bagh Protests(2019): Recently, while hearing the plea regarding the Shaheen Bagh Protests in 2019, it upheld the right to peaceful protest against the law but also clarified that public ways and public spaces cannot be occupied and that too indefinitely.

DOWNLOAD PDF