"Labelling peaceful protest as conspiracy against the state undermines constitutional morality." Critically analyse with reference to recent developments in India.
Constitutional morality, in Ambedkar's sense, means the State respecting constitutional forms even when opposed. Articles 19(1)(a) and 19(1)(b) protect speech and peaceful, unarmed assembly [1]. Branding such protest as conspiracy converts a guaranteed right into a suspected act — but the deeper problem is over-inclusive labelling, not the existence of limits.
How such labelling erodes constitutional morality
- Criminalises protected conduct: peaceful assembly is a fundamental right, not a concession of the executive [1].
- Chilling effect: broad offences against the State — Section 152, Bharatiya Nyaya Sanhita, 2023, which replaced sedition while retaining wide language on "subversive activities" — carry heavy punishment and deter lawful dissent [3].
- Process as punishment: strict bail regimes mean prolonged pre-trial custody, so the label itself becomes the penalty. The Law Commission's 279th Report (2023) conceded the misuse risk and urged procedural safeguards [2].
- Delegitimises the citizen: recasting protesters as anti-national — as in the recent 'dimagi Naxal' controversy, criticised by former Orissa High Court Chief Justice S. Muralidhar — replaces reasoned rebuttal with suspicion [4].
The State's legitimate concern
- Rights are not absolute: Articles 19(2) and 19(3) permit reasonable restrictions for public order, sovereignty and integrity [1].
- Protests involving violence, incitement or indefinite obstruction of public spaces genuinely attract restriction; the Constitution protects the peaceful protester, not every act done in protest's name.
- The defect is therefore evidentiary and procedural — labelling before proof — rather than the State possessing regulatory power at all.
Dissent is a mode of participation, not of destabilisation; the constitutional test is conduct, not the identity or age of the protester. The way forward lies in narrowly-defined offences, judicial insistence on bail as the rule, and swift hearing of complaints of excess — reforms the Law Commission itself pointed toward [2]. A democracy confident in Article 19 answers criticism with argument, and grows stronger for it.
Sources
- 1The Constitution of India (updated 2024), Legislative Department, Ministry of Law and JusticeArticles 19(1)(a), 19(1)(b), 19(2), 19(3): free speech, peaceful assembly, reasonable restrictions
- 2Law Commission of India, Report No. 279, "Usage of the Law of Sedition" (April 2023)acknowledged misuse of sedition law; recommended procedural safeguards
- 3PRS Legislative Research, The Bharatiya Nyaya Sanhita, 2023Section 152 replaces IPC Section 124A, removes the word "sedition" but retains broad "subversive activities" wording
- 4"Irreverent Gen Z a sure sign of our democratic progress", The Hindu, 30 August 2026Justice S. Muralidhar on the 'dimagi Naxal' label and youth dissent