Right to Protest Vs. Public Order 18 25

A Constitutional Dilemma in India

Abstract

India‘s most enduring constitutional tension is between the right to protest and the State‘s duty to preserve public order. Drawing on Article 19‘s interlinked freedoms, which are speech, peaceful assembly, and association, it argues that protest is a democratic imperative even though it is not expressly named in the Constitution. Yet Article 19(2) permits  ̳reasonable restrictions‘, with public order the ground most often invoked. Through leading Supreme Court decisions such as Ram Manohar Lohia, Ramlila Maidan, Shaheen Bagh, and other cases, the study traces how Indian courts differentiate  ̳law and order‘ from  ̳public order‘, apply proximity and clear-and-present-danger tests, and demand proportionality in State action. Contemporary movements such as the protest against the Citizenship (Amendment) Act, 2019, or the farmers‘ protest, etc., reveal both the power of sustained peaceful dissent and the frequent overuse of Section 163 Bhartiya Nagrik Suraksha Sanhita, 2023 (formerly CrPC 144), internet shutdowns, and sedition- style charges. This paper examines comparative insights from European, American, and British jurisprudence to highlight global best practices. At the same time, innovative protest forms like symbolic art, economic boycotts, digital mobilizations, etc., show how citizens adapt to legal constraints. The paper contends that India needs clearer statutory safeguards: designated protest zones, a transparent online permit portal, and ultimately a comprehensive  ̳Right to Protest Act‘ that imposes positive duties on authorities, codifies police engagement rules, and embeds independent oversight. The analysis concludes that maintaining both dissent and public order is not about choosing one over the other, but about showing the maturity of a democracy. Robust facilitation of peaceful protest, paired with evidence-based restrictions, can simultaneously protect civil liberties and social stability, ensuring that the streets remain a legitimate forum for accountability while everyday life continues unhindered.