Freedom of assembly
Also called: Article 19(1)(b) · Topic: Fundamental Rights and Constitutional Remedies · NCERT: Class 11, Ch 2 "Rights in the Indian Constitution"
Meaning
Article 19(1)(b) gives citizens the right to meet peaceably and without arms. This covers public meetings, demonstrations and processions. Together with free speech, it is the basis of the right to protest. The State may reasonably limit it on two grounds: public order, and the sovereignty and integrity of India.
Example
In the Shaheen Bagh case (Amit Sahni, 2020), the Supreme Court held that protesters cannot occupy a public road indefinitely. Magistrates can also issue prohibitory orders, which bar gatherings in an area to prevent danger. These orders were made under CrPC Section 144 and now come under BNSS Section 163.
Don't confuse with
- Freedom of association (Art. 19(1)(c)): this is the right to form lasting groups, such as unions and cooperatives. Assembly is about meeting together.
- Right to strike: this is not a fundamental right, and freedom of assembly does not include it (T.K. Rangarajan, 2003).
Related concepts
- Right to protest
- Prohibitory order
- Freedom of association
- Right to strike
- Freedom of movement
- Freedom of residence
- Freedom of profession
- Anuradha Bhasin case
- Right to access the internet
- Doctrine of proportionality