Right To Protest And Public Order
- IJLLR Journal
- May 10
- 1 min read
Adit Kudeshia, Amity Law School, Noida
Dr.Varun Srivastava, Assistant Professor, Amity Law School, Noida
ABSTRACT
The right to protest forms a cornerstone of any democratic society, enabling citizens to voice their dissent, influence policymaking, and hold governing authorities accountable. In India, this right is constitutionally guaranteed under Article 19(1)(a) and 19(1)(b), which safeguard the freedom of speech and expression and the right to assemble peacefully. However, these rights are not absolute and are subject to reasonable restrictions under Articles 19(2) and 19(3) in the interests of sovereignty, integrity of the nation, public order, morality, and the security of the state. The intersection between the right to protest and the need to maintain public order often creates complex legal, social, and political challenges. Striking a balance between these competing interests is crucial to ensure that democratic expression does not devolve into public disorder or violence.
This paper explores the legal and constitutional framework that governs the right to protest in India, examining how courts have interpreted the limits of peaceful assembly and expression in a manner that respects civil liberties while safeguarding public safety. Protests such as those against the Citizenship (Amendment) Act (CAA) and the farmers' agitation against the three farm laws have exemplified the role of public demonstrations in shaping national discourse. These movements highlighted not only the power of collective dissent but also the friction that arises when protests lead to disruptions in public life, pose threats to public infrastructure, or challenge governmental authority.
