Introduction

• The right to protest is an indispensable component of a democratic polity, enabling citizens to express dissent and hold governments accountable.
• Though not explicitly mentioned in the Constitution, it is derived from Articles 19(1)(a), 19(1)(b), 19(1)(c), and Article 21.
• However, recent incidents such as the 'Chalo Sansad' protests (2026) have reignited concerns over balancing public order with constitutional freedoms.

Constitutional Framework Governing the Right to Protest

• Article 19(1)(a): Freedom of speech and expression.
• Article 19(1)(b): Right to assemble peacefully without arms.
• Article 19(1)(c): Right to form associations.
• Article 21: Right to life with dignity, including the right to voice grievances.
• These rights are subject to reasonable restrictions under Articles 19(2) and 19(3) in the interests of public order, sovereignty, integrity, security of the State, decency, morality, etc.

Judicial Principles on Right to Protest

• Ram Manohar Lohia (1965): Distinguished public order from law and order.
• Himat Lal Shah (1973): State may regulate but not extinguish the right to protest.
• Ramlila Maidan (2012): Force should be used only as a last resort.
• Anita Thakur (2016): Excessive police force violates fundamental rights.
• Mazdoor Kisan Shakti Sangathan (2018): Regulation cannot amount to prohibition.
• Amit Sahni (2020): Protests cannot indefinitely occupy public spaces.
• Anuradha Bhasin (2020): Internet restrictions must satisfy legality, necessity, proportionality, publication, and periodic review.

Challenges in Democratic Policing

• Excessive use of force (tear gas, lathi charge, pellet guns).
• Blanket internet shutdowns affecting civil liberties.
• Political interference in policing.
• Weak implementation of Prakash Singh (2006) police reforms.
• Police manpower shortages and occupational stress.
• Lack of accountability due to inadequate identification of police personnel.
• Colonial policing mindset and outdated Police Act framework.

Way Forward

• Implement Prakash Singh directives and strengthen Police Complaints Authorities.
• Adopt SMART Policing (Strict & Sensitive, Modern & Mobile, Alert & Accountable, Reliable & Responsive, Tech-savvy & Trained).
• Train police in human rights, negotiation, and non-lethal crowd management.
• Separate investigation from law & order functions.
• Introduce body-worn cameras, CCTV, and transparent identification mechanisms.
• Ensure all restrictions satisfy the Doctrine of Proportionality and remain subject to judicial review.

Conclusion

The right to protest is a cornerstone of India's constitutional democracy, while maintaining public order is a legitimate State responsibility. The challenge lies in achieving a balance through rights-based policing, adherence to the Rule of Law, constitutional morality, and proportionality, thereby safeguarding both democratic dissent and public security.