Supreme Court: right to peaceful protest constitutionally protected, mulls guidelines
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500+ questions on Polity with explanations
๐ Summary:
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The Supreme Court observed that the constitutional right to peaceful protest must be protected, and indicated it may frame uniform guidelines to regulate police conduct during large-scale demonstrations
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A Bench led by Chief Justice of India Surya Kant said it was equally concerned about injuries suffered by BOTH protesters and police personnel, and stressed that "self-imposed discipline" by citizens and law enforcement is essential to a functioning democracy
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The observations came amid the crackdown on students protesting in Delhi; the Court is examining alleged police excesses and fixed a further hearing
๐ฏ UPSC Relevance: GS2 Polity โ Article 19 freedoms (speech/expression and to assemble peaceably), reasonable restrictions, police accountability and the judiciary's role in framing guidelines.
๐ Prelims Facts:
- The right to assemble peaceably and without arms flows from Article 19(1)(b); freedom of speech and expression from Article 19(1)(a)
- These freedoms are subject to reasonable restrictions under Articles 19(2) and 19(3) on grounds like public order and sovereignty
- Bench led by CJI Surya Kant
๐ Key Term: Reasonable restrictions โ the limits the State may lawfully place on Article 19 freedoms (under clauses 19(2)-(6)) on grounds such as public order, security of the State and sovereignty and integrity of India.
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