"Can't Lathicharge Just Because There Is Agitation": Supreme Court's Big Remark
GS2Polity · Governance · IR· Fundamental rights, DPSP & duties· Prelims + Mains·
Why in news
The Supreme Court affirmed that the right to peaceful protest is a constitutionally guaranteed right and cannot be met with lathicharge during agitations.
Background
On July 20, Delhi Police used batons and tear gas against protesters during the 'Sansad Chalo' march near Parliament. The Supreme Court bench comprising CJI Surya Kant and others is considering pan-India guidelines for handling protests and investigating police excesses.
Facts for Prelims
- ConstitutionRight to peaceful protest is a fundamental right derived from Article 19(1)(a) and 19(1)(b)
- FactDelhi Police used batons and tear gas during the Sansad Chalo march on July 20
- BodySupreme Court of India is the authority considering pan-India guidelines for protest management
For Mains
Q. Examine the constitutional balance between the right to peaceful protest and the state's obligation to maintain public order and security.
Dimensions to cover in your answer
- Constitutional conflict: Balancing Article 19(1)(a) freedom of speech with the state's power to maintain public tranquility.
- Institutional accountability: Need for standardized pan-India guidelines to prevent arbitrary use of force by security agencies.
- Operational safety: Ensuring adequate protective gear for police personnel while minimizing the use of kinetic force.
Keywords: Fundamental Rights · Public Order · Judicial Review · Police Reform · Constitutionalism
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This note is generated automatically from SatyaDheesh's news feed and mapped to the UPSC CSE syllabus. Check facts against the original report or PIB before using them in an answer.