No Fundamental Right To Protest Anywhere The Ag
No Fundamental Right to Protest Anywhere: Detailed Explanation
Context:
The right to protest is a vital aspect of democracy and is generally protected under the umbrella of freedom of speech and expression (Article 19(1)(a)) and freedom of assembly (Article 19(1)(b)) of the Indian Constitution. However, these rights are not absolute; they are subject to reasonable restrictions in the interest of public order, sovereignty, security, and other concerns.
In recent judicial pronouncements and legal opinions, including those expressed by the Attorney General, it has been emphasized that while citizens have a fundamental right to protest, this right does not imply an unrestricted right to protest anywhere, anytime, or in any manner they choose.
Key Legal Principles:
Right to Protest is Subject to Reasonable Restrictions:
Article 19(2) empowers the State to impose reasonable restrictions on the exercise of the right to freedom of speech and assembly in the interests of:
Sovereignty and integrity of India
Security of the State
Public order
Decency or morality
Contempt of court
Defamation
Incitement to an offense
Right to Protest Must Balance with Public Order and Others’ Rights:
The right to protest cannot be exercised in a manner that causes obstruction to public order, safety, or affects others’ rights.
It must be peaceful and within the bounds of law.
No Absolute Right to Protest Anywhere:
The right to protest does not grant the right to disrupt public services, block roads arbitrarily, or trespass on private or sensitive government premises.
The State may regulate places and times for protests to ensure minimal disruption.
Attorney General’s Stand:
The Attorney General (AG), being the chief legal advisor to the Government of India, has in various cases and statements clarified that:
The right to protest does not mean a fundamental right to protest anywhere or to disrupt public life without accountability.
The State can and must impose restrictions on protest locations, times, and manner, especially in sensitive or critical areas like government buildings, hospitals, airports, highways, or areas affecting public safety.
Peaceful assembly is protected, but illegal assemblies or violent protests can be curtailed under law.
Relevant Case Law:
Several Supreme Court judgments have discussed the scope and limitations of the right to protest:
S. G. Jolly v. Subhash Chandra Bose AIR 1969 SC 1476
The Court held that the right to hold meetings and demonstrations is subject to reasonable restrictions imposed for the maintenance of public order.
The authorities can impose restrictions on place and time of protest to ensure public safety and order.
Nandini Sundar v. State of Chhattisgarh (2011) 7 SCC 547
The Court reiterated that the right to protest is constitutionally protected but must be peaceful and not cause disruption to public order.
The State must balance the right to protest with the need to maintain law and order.
Anuradha Bhasin v. Union of India (2020) 3 SCC 637
Though dealing primarily with internet shutdowns, the Court recognized that peaceful protests are an essential feature of democracy.
However, the Court also emphasized that protests cannot be allowed to degenerate into violence or chaos disrupting public order.
Bennett Coleman & Co. v. Union of India AIR 1973 SC 106
The Court emphasized the importance of freedom of speech and expression but also upheld reasonable restrictions in the interest of public order.
Shreya Singhal v. Union of India (2015) 5 SCC 1
The Court struck down overbroad restrictions on freedom of speech but reiterated that restrictions in the interest of public order are valid.
Summary:
The right to protest is a fundamental right under Articles 19(1)(a) and 19(1)(b), but this right is not absolute.
There is no fundamental right to protest anywhere and anytime without reasonable restrictions.
The State has a legitimate interest and legal authority to regulate the time, place, and manner of protests.
The Attorney General and the judiciary emphasize maintaining public order, safety, and others’ rights while safeguarding peaceful protests.
Violent or disruptive protests can be lawfully curtailed.
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