Right to protest
Topic: Fundamental Rights and Constitutional Remedies · NCERT: Class 11, Ch 6 "Citizenship"
Meaning
The right to protest is the right of citizens to show disagreement in public through demonstrations, marches or sit-ins. It is not written as a separate right. It comes from two freedoms: speech and expression (Article 19(1)(a)) and assembling peaceably and without arms (Article 19(1)(b)). It lets citizens influence public opinion and government policy. It is subject to reasonable restrictions, meaning limits that courts check for fairness, such as those needed for public order.
Example
In Amit Sahni (2020), the Shaheen Bagh case, the Supreme Court upheld the right to protest. It also held that public ways cannot be occupied indefinitely, because others also have a right to use them.
Don't confuse with
- Right to strike: this means workers refusing to work. It is not a fundamental right, and government employees have no right to strike (T.K. Rangarajan, 2003).
Related concepts
- Freedom of assembly
- 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