Kameshwar Prasad & Others v State of Bihar & Another, AIR 1962 SC 1166
Kameshwar Prasad & Others v. State of Bihar & Another
Citation: AIR 1962 SC 1166
Bench: Justice Gajendragadkar, Justice Wanchoo, and others
Date of Judgment: 8 May 1962
🔹 Background of the Case
This case dealt with the fundamental rights of government employees, specifically the right to freedom of speech, expression, and association under Article 19 of the Constitution of India.
The dispute arose when the Government of Bihar issued Rule 4A of the Bihar Government Servants' Conduct Rules, 1956, which prohibited any form of demonstration or strike by government employees.
Several government servants challenged this rule as violating their fundamental rights.
🔹 Issues Before the Court
Whether prohibiting demonstrations by government servants violates their right to freedom of speech and expression (Article 19(1)(a))?
Whether it violates the right to form associations (Article 19(1)(c))?
Whether such restrictions are reasonable under Article 19(2) and 19(4)?
🔹 Arguments
Petitioners (Govt. employees):
Peaceful demonstrations are a form of expression and association.
Blanket prohibition is unreasonable and violates their fundamental rights.
State of Bihar:
The rule is necessary to maintain discipline and efficiency in public service.
Government servants hold a special position and can be subject to stricter discipline.
🔹 Judgment Summary
The Supreme Court held that:
Peaceful demonstration is a form of freedom of speech and expression under Article 19(1)(a).
It is also linked to freedom of association under Article 19(1)(c).
However, these rights are not absolute and can be reasonably restricted under Articles 19(2) and 19(4).
The Court partly upheld the rule:
The complete ban on demonstrations was held to be too broad and unconstitutional if it covered peaceful and non-disruptive demonstrations.
However, the government can regulate or restrict disruptive or violent forms of demonstration in the interest of public order and discipline.
🔹 Key Takeaways
The case reaffirmed that:
Peaceful demonstrations are protected under Article 19.
Government employees do not lose their fundamental rights, but their rights can be reasonably restricted.
Any restriction must be narrow and justified, not a blanket ban.
🔹 Significance of the Case
This case is a landmark in labor and service jurisprudence in India.
It laid down the balance between discipline in public service and constitutional freedoms.
Frequently cited in matters involving protests by public servants or employee rights.
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