UPSC Prelims Practice Questions — Jantar Mantar is a road, not a protest site: Delhi Police to SC

Q1. With reference to the grounds on which reasonable restrictions may be imposed under Article 19 of the Constitution of India, consider the following statements: Which of the statements given above is/are correct?

  1. 'Decency or morality' is a permissible ground for restricting freedom of speech and expression but not for restricting the right to assemble peaceably.
  2. 'Incitement to an offence' may be invoked to restrict both freedom of speech and expression and the right to assemble peaceably.
  3. 'Security of the State' appears among the grounds for restricting peaceable assembly but not among those for restricting free speech.
  • A. 1, 2 and 3
  • B. 2 and 3 only
  • C. 1 only
  • D. 1 and 2 only

Q2. Consider the following statements: Which of the following is correct in respect of the above statements?

  1. A foreign national living in India cannot invoke Article 19(1)(b) to challenge a restriction placed on a peaceful assembly.
  2. Article 19(3) permits the State to impose reasonable restrictions on the right of peaceable assembly in the interests of public order.
  • A. Both Statement-I and Statement-II are correct and Statement-II explains Statement-I
  • B. Both Statement-I and Statement-II are correct, but Statement-II does not explain Statement-I
  • C. Statement-I is correct, but Statement-II is incorrect
  • D. Statement-I is incorrect, but Statement-II is correct

Q3. With reference to the right to assemble under the Constitution of India, consider the following statements: Which of the statements given above is/are correct?

  1. The text of Article 19(1)(b) itself limits the right to assemblies that are peaceable and without arms, so an armed gathering lies outside the guarantee even without any restricting law.
  2. The 'sovereignty and integrity of India' was part of Article 19(3) as a ground for restricting assembly when the Constitution came into force in 1950.
  • A. 1 only
  • B. 2 only
  • C. Both 1 and 2
  • D. Neither 1 nor 2

Q4. Consider the following statements: Which of the following is correct in respect of the above statements?

  1. In the Shaheen Bagh matter, the Supreme Court held that public ways cannot be occupied indefinitely for the purpose of protest.
  2. The right to protest has to be balanced against the rights of other citizens, such as their freedom of movement.
  • A. Both Statement-I and Statement-II are correct and Statement-II explains Statement-I
  • B. Both Statement-I and Statement-II are correct, but Statement-II does not explain Statement-I
  • C. Statement-I is correct, but Statement-II is incorrect
  • D. Statement-I is incorrect, but Statement-II is correct

Q5. A group is permitted to protest at a designated protest site in a city for one day, but it continues to occupy the site for several days, saying it will leave only when its demand is met. Which of the following is most consistent with the Supreme Court's approach to the right to protest?

  • A. The group may stay on, as a designated protest site is exempt from public-order restrictions.
  • B. The State may limit the stay, as others have an equal claim to use the same designated site.
  • C. The group may stay on, as the right of assembly extends until the grievance is addressed.
  • D. The State may remove the group only after a court first declares the protest itself unlawful.

Q6. With reference to restrictions on the right of peaceable assembly under the Constitution of India, consider the following statements: Which of the statements given above is/are correct?

  1. A restriction must be traceable to a ground listed in Article 19(3); administrative convenience alone is not a constitutional ground for it.
  2. A restriction must rest on a law, existing or made by the State, and not merely on an executive instruction without legal backing.
  3. Once a court accepts that a restriction serves public order, it can no longer examine whether that restriction is reasonable.
  • A. 1 and 2 only
  • B. 2 and 3 only
  • C. 1, 2 and 3
  • D. 1 only

Q7. Consider the following assertion: Even a restriction on assembly adopted for a legitimate public-order aim may be struck down by a court if it goes further than the situation demands. Which of the statements given below support/supports the above assertion?

  1. The Delhi Police have defended the de-notification of Jantar Mantar by citing crowd, crime and security data for the stretch.
  2. In the Constituent Assembly, the qualifier 'reasonable' was introduced so that courts could review laws and strike down arbitrary restrictions.
  3. In 2018 the Supreme Court rejected a blanket ban on protests at Jantar Mantar and Boat Club while permitting regulation of conduct and numbers.
  • A. 1, 2 and 3
  • B. 1 and 2 only
  • C. 1 only
  • D. 2 and 3 only

Q8. With reference to the legislative arrangement for the National Capital Territory of Delhi, consider the following statements: Which of the statements given above is/are correct?

  1. The Legislative Assembly of Delhi can make laws on most State List subjects, but not on police and public order.
  2. Parliament can make laws for Delhi even on State List matters that fall within the Delhi Assembly's own competence.
  3. The exclusion of police, public order and land from the Delhi Assembly's competence is laid down in the Constitution itself, not only in an Act of Parliament.
  • A. 2 and 3 only
  • B. 1 and 2 only
  • C. 1 and 3 only
  • D. 1, 2 and 3