Peaceful Protest: A Fundamental Right Immune to Arbitrary State Interference?

2025 Supreme(Online)(Ori) 2600

Indeed the right to protest is part of a fundamental right and can as a matter of fact, be exercised subject to public order. ... The State authorities, particularly the Superintendent of Police and the District Magistrate of Rayagada, are directed to facilitate the petitioner’s right to organize and participate in peaceful protests, as guaranteed by law. ... That would render the fundamental right to pr....

2025 Supreme(Online)(Mad) 71821

The right to assemble peacefully and the right to express views through peaceful protest are fundamental rights guaranteed under Article 19(1) (a) and 19(1)(b) of the Constitution. These rights cannot be curtailed except by reasonable restrictions under Article 19(3). 10. ... The impugned proceedings merely state that law-and-order issues may arise, without any supporting facts. Such a generalized apprehension cannot constitute a valid ground for curtailing fundamental#HL_END....

2007 0 Supreme(MP) 1172

" ... ( 11. ) IT should be borne in mind that in the name of demonstration or protestation, the life in a civilized society cannot be paralyzed, in the name of legitimate exercise pf ones right to protest the fundamental right of others cannot be scuttled. ... The fundamental right of freedom of speech and expression guaranteed under article 19 (1) (a) of the Constitution, however, is not an absolute right and under clause (2) of Article 19 of the Constitution, the #H....

The freedom of peaceful assembly guaranteed by Article 14(1)(b) of the Constitution extends to a peaceful protest. ... Therefore, even a protest may be protected under Article 14(1)(b) as long as it remains peaceful. ... Constitutional safeguards are generally directed against the State and its organs. the Police force, being an organ of state, is enjoined by the Constitution to secure and advance this right and not to deny, abridge or restri....

2025 Supreme(Online)(Mad) 8272

The petitioners contend that the right to assemble peacefully and protest is a Fundamental Right guaranteed under Article 19(1)(a) and 19(1)(b) of the Constitution of India. The FIR, devoid of specific allegations of violence or unlawful activity, constitutes an abuse of process of law. ... Article 19(1)(a) guarantees freedom of speech and expression, and Article 19(1)(b) guarantees the right to assemble peaceably and without arms. The Supreme Court has consistently held that peaceful....

2025 Supreme(Online)(Mad) 6973

It is alleged that the protest was carried out without obtaining prior permission from the competent authorities and that slogans were raised against the Government. ... The right to assemble peacefully and express dissent is a fundamental right guaranteed under Articles 19(1)(a) and 19(1)(b) of the Constitution of India, subject to reasonable restrictions. Any curtailment of such rights must strictly conform to the procedure established by law. ... The learned counsel appearing for the petitioners subm....

2018 0 Supreme(Cal) 412

It was submitted that the right to free movement and the right to livelihood by doing business and attending work is a constitutional right of the citizens and the State authorities must protect such right. ... Thus, it is clear that although 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 #HL_ST....

2025 Supreme(Online)(Mad) 70415

The petitioners submit that the alleged protest was conducted peacefully and that peaceful expression of opinion is a constitutionally guaranteed right under Article 19(1)(a) of the Constitution of India . ... The Hon'ble Supreme Court has consistently held that peaceful protest is a recognised democratic right, and criminal prosecution cannot be launched unless the alleged act squarely falls within the ingredients of a penal offence. ... Article 19(1)(a) and 19(1)(b) of the Constituti....

2024 0 Supreme(Kar) 70

Union of India, (2018) 17 SCC 324 at Para 61, the following observation appears: “Undoubtedly, right of people to hold peaceful protests and demonstrations etc. is a fundamental right guaranteed under Articles 19(1)(a) and 19(1)(b) of the Constitution. ... ...that the petitioners could raise slogan, albeit in a peaceful and orderly manner, without using offensive language.........The ‘right to assemble’ is beautifully captured in an eloquent statement that “an unarmed, peacef....

2025 Supreme(Online)(Mad) 71706

The petitioners submit that the alleged protest was conducted peacefully and that peaceful expression of opinion is a constitutionally guaranteed right under Article 19(1)(a) of the Constitution of India. ... The Hon'ble Supreme Court has consistently held that peaceful protest is a recognised democratic right, and criminal prosecution cannot be launched unless the alleged act squarely falls within the ingredients of a penal offence. 13. ... Article 19(1)(a) and 19(1)(b) of the Constit....

2021 0 Supreme(Del) 361

Notwithstanding above, it is also to be borne in mind that the aforesaid rights are subject to reasonable restrictions in the interest of the sovereignty and integrity of India, as well as public order. The question is as to whether disturbances, etc. caused by it to the residents, as mentioned in detail by the NGT, is a larger public interest which outweighs the rights of protestors to hold demonstrations at Jantar Mantar Road and, therefore, amounts to reasonable restriction in curbing such demonstrations. One cherished and valuable aspect of political life in India is a tradition to expre....

2019 0 Supreme(Bom) 2278

Organised, non-violent protest marches were a key weapon in the struggle for independence, and the right to peaceful protest is now recognised as a fundamental right in the Constitution." One cherished and valuable aspect of political life in India is a tradition to express grievances through direct action or peaceful protest.

2018 0 Supreme(Cal) 612

Recent happenings show an unfortunate trend where such demonstrations and protests are on increase. 9............ 10. ........... 11......... 12. Before adverting to the issue at hand, we would like to make some general remarks about the manner in which these demonstrations are taking shape. One cherished and valuable aspect of political life in India is a tradition to express grievances through direct action or peaceful protest. Organised, non-violent protest marches were a key weapon in the struggle for independence, and the right to peaceful protest is now recognised as a fundam....

2018 0 Supreme(SC) 732

Organized non-violent protest marches were a key weapon in the struggle for independence and the right to peaceful protest is now recognised as a fundamental right in the Constitution. Notwithstanding above, it is also to be borne in mind that the aforesaid rights are subject to reasonable restrictions in the interest of the sovereignty and integrity of India, as well as public order. He accepted that while on the one hand, citizens are guaranteed fundamental right of speech and the right to assemble for the purpose of carrying peaceful protest/processions, on the other han....

2018 0 Supreme(Del) 1636

The Supreme Court has recognized the right to peaceful protest as a fundamental right under Part-III of the Constitution of India. It is stated that the protests organized by the JNU student community and JNUSU in the past has never been violent. Keeping in mind the larger democratic foundations on which this Country was built, the University has envisioned as an inclusive University where dissent in dialogue and peaceful demonstration were recognized as part of the expression of free speech. They have never been irresponsible ‘protests for protest’s.