Key Points

• The right to protest is an implicit constitutional right derived from the interplay between Article 19(1)(a) (freedom of speech and expression) and Article 19(1)(b) (right to assemble peaceably and without arms).
• These rights are not absolute and are subject to 'reasonable restrictions' under Articles 19(2) and 19(3) on grounds such as public order, sovereignty and integrity of India, and decency or morality.
• State power to regulate assembly is largely executed through Section 144 of the CrPC (now Section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023), allowing magistrates to issue preventive orders to curb potential public disorder.
• In the landmark Anuradha Bhasin vs Union of India (2020) case, the Supreme Court ruled that preventive measures like Section 144 cannot be used to suppress legitimate expression or democratic rights, establishing that any restriction must meet the test of proportionality.
• In the Amit Sahni vs Commissioner of Police (Shaheen Bagh Case, 2020), the SC balanced conflicting rights, holding that while peaceful protest is fundamental, protesters cannot occupy public ways indefinitely, disrupting the right to free movement of other citizens.
• The judiciary has consistently maintained that the role of the police is to facilitate peaceful assembly and maintain order, rather than using excessive or arbitrary force to suppress democratic dissent.