·The Hindu·15 marks·250–350 words

Examine the tension between the right to protest and law-and-order enforcement in India, citing the NEET-UG paper-leak protests as a case study.

In this answer
  1. The constitutional claim of the protester
  2. The enforcement claim of the State
  3. Where the tension surfaced: NEET-UG

The right to protest flows from Article 19(1)(a) and 19(1)(b), but is subject to reasonable restrictions on grounds of public order, while the State carries a parallel duty to maintain law and order. The NEET-UG paper-leak agitation shows how thin the line between the two can become in practice.

The constitutional claim of the protester

  • Peaceful assembly is a recognised mode of democratic grievance redress, especially where institutional remedies appear exhausted.
  • The Supreme Court in Amit Sahni v. Commissioner of Police (2020) upheld peaceful dissent while holding that public spaces cannot be occupied indefinitely — a balance, not a veto, on protest [5].

The enforcement claim of the State

  • Sustained agitations create traffic, safety and public-order costs, obliging preventive policing.
  • The State's better answer is substantive, not coercive: the Public Examinations (Prevention of Unfair Means) Act, 2024 criminalises paper leaks and organised malpractice with 3–10 years' imprisonment and heavy fines [2][3].

Where the tension surfaced: NEET-UG

  • The trigger was institutional: the Court declined to cancel NEET-UG 2024 (23 July 2024) for want of proof of a systemic leak, pushing residual grievance onto the street [1].
  • Protests drew FIRs against students, later addressed in the Supreme Court after government assurances — showing criminal process used as a first, not last, resort [4].
  • Most starkly, a 14-year-old protester faced threats and stone-pelting; a Bench led by CJI Surya Kant directed the Solicitor-General to ensure immediate action and protection (10 September 2026) [4].
  • The asymmetry is the real problem: swift machinery against protesters, slow protection for them — including minors, who need juvenile-sensitive handling.

Protest and public order are complementary, not rival, goods. Designated protest sites, clear policing SOPs, restraint in registering FIRs, and above all faster statutory redress of examination fraud can convert confrontation into accountability — the balance Article 19 itself envisages.

Sources

  1. 1SC refuses to cancel NEET-UG 2024 exam on grounds of paper leak and malpractices — All India Radio (newsonair.gov.in), 23 July 2024Court's refusal to cancel the exam for want of evidence of a systemic leak
  2. 2PIB: Lok Sabha passes the Public Examinations (Prevention of Unfair Means) Bill, 2024statutory response to paper leaks in NEET, JEE, CUET and recruitment exams
  3. 3PRS Legislative Research — The Public Examinations (Prevention of Unfair Means) Bill, 2024offences, 3–10 year imprisonment and fine provisions
  4. 4Take action against threats to minor NEET protester: SC — The Hindu, 11 September 2026CJI Surya Kant Bench's direction to the Solicitor-General; FIRs arising from the protests
  5. 5*Amit Sahni v. Commissioner of Police*, (2020) 10 SCC 573, Supreme Court of India — right to peaceful protest balanced against indefinite occupation of public spaces (official judgment portal not machine-accessible; cited title-only)

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