Q. With reference to the Right to Protest, consider the following:
1. It is a constitutional right enshrined in Article 19.
2. It can be restricted only on the grounds of violation of public order and security of state.
3. It cannot be a ground for occupying public ways and public spaces for indefinite time.
How many statements given above are correct?
Exp) Option b is the correct answer.
Statement 1 is correct. Right to Protest is a constitutional right enshrined in Article 19(1) (a), Article 19(1) (b) and Article 19(1) (c) of the Indian Constitution. Supreme Court in its recent order in the farm laws protest in Delhi also stated that farmers have a constitutional right to continue with their protest.
Statement 2 is incorrect. Like other fundamental rights, right to protest is also not absolute and also subject to reasonable restrictions mentioned under Article 19(2) and 19(3) on the following grounds; 1. In the interests of the sovereignty & integrity of India, 2. The security of the State, 3. Friendly relations with foreign States, 4. Violation of Public order, 5. Decency or morality or in relation to Contempt of court, defamation or incitement of an offence The grounds of restrictions based on Violation of public order can be reasonable only when there is evidence that protesters will incite lawless or disorderly acts and that such acts are likely to occur.
Statement 3 is correct. In the Shaheen Bagh judgement, Supreme Court (SC) upheld the right to peaceful protest against the law but also cleared that public ways and public spaces cannot be occupied and that too indefinitely.
| Important Tips Article 19 provides the right to assemble peacefully without arms limited to reasonable restrictions. |
