Back
KRISHNA S. DIXIT, VIJAYKUMAR A. PATIL
Amruthesh N. P. , S/o. Late N. C. Puttuswamy – Appellant
Versus
State of Karnataka, Rep. by its Chief Secretary – Respondent
ORDER :
This judgment being rendered in a PIL needs to be preluded by what the former Chief Editor of the New York Times (1 December,1989) Mr. A M Rosenthal ecstatically had commented as under, about our Parliamentary Elections of November, 1989:
A whole world - hundreds of millions of people, speaking in a great orchestra of different languages, praying to different gods, living in a continental hugeness that not long ago was divided into hundreds of principalities, people driven to centuries of war against each other by rulers seeking conquest, foreigners seeking booty, religious zealots seeking blood, educated people by the millions, illiterate peasants by the scores of millions, from mountains through great stretches of plains to southern seas.
Once again this whole world voted as one nation in a countrywide election, nine times now.”
It is said that Elections are the festivals of Democracy. In India, these festivals are celebrated with all pomp & glory signifying something, albeit unseemingly.
2. Petitioner, a practicing lawyer has presented this Social Action Litigation with the following prayers:
Art. 19(1)(b) of the Constitution guarantees the fundamental right of every citizen to hold peaceful assembly or processions, the same is not an absolute right.
The main legal point established in the judgment is the need to balance the right to hold peaceful assembly with the right of the public to carry on with normal life and activities, and the impositio....
Hindrance to public movement cannot be a ground for denial of permission for a road show involving high-level political leaders, and security arrangements should be coordinated to ensure smooth condu....
The right to assemble peacefully is fundamental and cannot be prohibited without reasonable justification, emphasizing the need for a balance between individual rights and public order.
The right to assemble peacefully under Article 19 is fundamental but subject to reasonable restrictions to maintain public order, especially in light of past violence.
Balancing the rights of political parties, ensuring a level playing field, and maintaining law and order are crucial in granting permissions for public gatherings and rallies.
The main legal point established in the judgment is that recognized political parties have the right to hold peaceful meetings, and the denial of permission must be based on sufficient reasons. The c....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
