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Sign in to searchConstitutional Rights, Preventive Policing, Democratic Freedoms and the Way Forward
The right to peaceful protest is fundamental to democracy, but the State also has a responsibility to maintain public order and prevent violence. Examine the constitutional and legal framework governing protests in India, the circumstances justifying preventive policing, judicial safeguards against excessive restrictions, international and geopolitical dimensions, implications for India's democracy, and suggest a balanced way forward.
1. Right to peaceful protest: Article 19(1)(a) guarantees freedom of speech and expression, while Article 19(1)(b) protects peaceful assembly without arms.
2. Reasonable restrictions: Articles 19(2) and 19(3) permit restrictions on specified constitutional grounds, including public order. However, restrictions must be lawful, necessary and proportionate.
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Explore India's constitutional framework balancing protest rights under Article 19 with public order duties, preventive policing powers, and judicial safeguards for democracy.
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