Right to Protest and Freedom of Assembly
Indian Polity & Governance
- PYQs8
- Articles1
Background
Understanding the scope and limitations of fundamental rights, especially in the context of public demonstrations and state action, is vital for governance and law enforcement. UPSC consistently tests knowledge of these rights and their practical application.
The right to protest is a fundamental right guaranteed under Article 19(1)(a) (freedom of speech and expression) and Article 19(1)(b) (freedom to assemble peaceably and without arms) of the Indian Constitution. However, these rights are not absolute and are subject to reasonable restrictions under Article 19(2) and 19(3) in the interest of public order, sovereignty, and integrity of India.
Facts & tables
- Constitutional Basis
- Articles 19(1)(a) and 19(1)(b) of the Indian Constitution.
- Nature of Right
- Not absolute; subject to reasonable restrictions.
- Reasonable Restrictions
- Can be imposed in the interest of public order, morality, national security, etc., under Article 19(2) and 19(3).
- Supreme Court Rulings
- Emphasized that protests must be peaceful, non-violent, and not obstruct public life indefinitely (e.g., Shaheen Bagh judgment).
| Type | Reference |
|---|---|
| Conceptual area | Fundamental Rights |
| Conceptual area | Constitutional Amendments & Structure |
| Body | Role |
|---|---|
| Police | Enforces law, maintains order |
| Judiciary | Protects rights, reviews state action |
Prelims angle
Prelims angle: Multi-statement analysis
Prelims angle: Factual recall
- Guaranteed by Article 19(1)(a) & 19(1)(b).
- Subject to reasonable restrictions (Art. 19(2), 19(3)).
- Must be peaceful and non-obstructive.
- State's duty to protect rights vs. maintain order.
- Proportionality of force is key.
| Year | Framing tags |
|---|---|
| 2026 | Conceptual understanding, Terminology-based question |
| 2025 | Statement-based questions, Factual recall |
| 2023 | Multi-statement analysis, Factual recall |
| 2023 | Statement-based questions, Conceptual understanding |
| 2022 | Statement-based questions, Conceptual understanding |
| 2020 | Multi-statement analysis, Factual recall |
| 2018 | Conceptual understanding, Factual recall |
| 2017 | Multi-statement analysis, Factual recall |
Timeline
-
Fundamental Rights
Conceptual area
-
Constitutional Amendments & Structure
Conceptual area
-
Prelims 2017
Multi-statement analysis, Factual recall
-
Prelims 2018
Conceptual understanding, Factual recall
-
Prelims 2020
Multi-statement analysis, Factual recall
-
Prelims 2022
Statement-based questions, Conceptual understanding
-
Prelims 2023
Multi-statement analysis, Factual recall
-
Prelims 2023
Statement-based questions, Conceptual understanding
-
Prelims 2025
Statement-based questions, Factual recall
-
Prelims 2026
Conceptual understanding, Terminology-based question
-
‘Don’t waste our time’: CJI Kant declines to take cognisance of police violence during CJP’s Parliament march
The alleged police crackdown on student protesters highlights the delicate balance between the fundamental right to protest and the state's power to maintain public order, often leading to debates on the proportionality of force used by law enforcement.
See also
Past papers
2017–2026 · 8 questions
In the news
‘Don’t waste our time’: CJI Kant declines to take cognisance of police violence during CJP’s Parliament march
The alleged police crackdown on student protesters highlights the delicate balance between the fundamental right to protest and the state's power to maintain public order, often leading to debates on the proportionality of force used by law enforcement.
Try these PYQs
Consider the following statements :
1. According to the Constitution of India, the Central Government has a duty to protect States from internal disturbances.
2. The Constitution of India exempts the States from providing legal counsel to a person being held for preventive detention.
3. According to the Prevention of Terrorism Act, 2002, confession of the accused before the police cannot be used as evidence.
How many of the above statements are correct?
* Statement 1 is correct: According to Article 355 of the Indian Constitution, it shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the government of every State is carried on in accordance with the provisions of this Constitution. * Statement 2 is correct: Article 22(3)(b) mentions that individuals detained under preventive detention laws are not initially entitled to consult or be defended by a legal practitioner until the grounds of detention are disclosed to them. Although the constitution allows for exceptions in preventive detention cases, it does not prohibit state governments from providing legal counsel to the detained person. The state has the discretion to offer legal assistance if it wishes. * Statement 3 is incorrect: Section 32(1) of POTA 2002 allows confessions made to a police officer of at least Superintendent rank, overriding certain provisions of the Code of Criminal Procedure and the Indian Evidence Act.
With reference to the writs, issued by the Courts in India, consider the following statements:
1. Mandamus will not lie against a private organisation unless it is entrusted with a public duty.
2. Mandamus will not lie against a Company even though it may be a Government Company.
3. Any public minded person can be a petitioner to move the Court to obtain the writ of Quo Warranto.
Which of the statements given above are correct?
Statement 1 is correct: Mandamus is a command issued by the court to a public official asking him to perform his official duties that he has failed or refused to perform. It can also be issued against any public body, a corporation, an inferior court, a tribunal, or a government for the same purpose. It is usually not usable against a private entity unless it is entrusted with a public duty. Statement 2 is correct: As explained above, Mandamus can be used against a government corporation and/or company when it is discharging a "public duty", so the statement is incomplete. Public Duty is Key: Mandamus aims to compel performance of a public duty, not just private functions. Statement 3 is correct: Quo Warranto is issued by the court to inquire into the legality of the claim of a person to a public office. Hence, it prevents illegal usurpation of public office by a person. Unlike the other writs, this can be sought by any interested person and not necessarily by the aggrieved person. Note (on Statement 2): In UPSC Prelims, statements must be judged as written, without adding extra conditions. A company does not become subject to the writ of Mandamus only because it is a Government company. Government ownership by itself is not enough. Since Statement 2 is framed in this limited and absolute sense, and no additional condition like “public duty” is mentioned, the statement is treated as correct.
Consider the following statements:
Statement-I: The Supreme Court of India has held in some judgements that the reservation policies made under Article 16(4) of the Constitution of India would be limited by Article 335 for maintenance of efficiency of the administration.
Statement-II: Article 335 of the Constitution of India defines the term 'efficiency of administration'.
Which one of the following is correct in respect of the above statements?
* Statement I is correct: It has frequently been argued that reservation is contrary to efficiency and merit. Even the Supreme Court of India appeared to have agreed with this argument in some of its judgments, holding that Article 335 mention of the term efficiency of administration will limit the scope of Article 16(4) provision for reservation in services. * Statement II is incorrect: Article 335 of the Constitution of India states that the claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State. * Article 335 of the Indian Constitution only mentions the efficiency of administration and does not define the same.
Which of the following are envisaged by the Right against Exploitation in the Constitution of India?
1. Prohibition of traffic in human beings and forced labour
2. Abolition of untouchability
3. Protection of the interests of minorities
4. Prohibition of employment of children in factories and mines
Select the correct answer using the code given below:
The Right against Exploitation under the Indian Constitution aims to protect individuals from forced labor, human trafficking, and child exploitation. It specifically includes: - Prohibition of human trafficking and forced labor (Article 23): This article bans begar (forced, unpaid labor), bonded labor, and human trafficking in any form. It also prohibits the state and private entities from compelling people to work without fair wages. - Prohibition of child labor in hazardous occupations (Article 24): This article prohibits the employment of children below the age of 14 in factories, mines, or other hazardous occupations to ensure their safety and well-being. While other rights are crucial, they are not part of the Right against Exploitation: - Abolition of untouchability (Article 17) falls under the Right to Equality and prohibits the practice of untouchability in any form. - Protection of the interests of minorities is covered under Articles 25-30 and primarily falls under the Right to Freedom of Religion and Cultural & Educational Rights. Thus, the Right against Exploitation focuses specifically on preventing forced labor, human trafficking, and child labor, ensuring dignity and freedom from exploitation Therefore, the correct option is (C) 1 and 4 only.
Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement?
Right to Privacy and Article 21: Article 21 of the Indian Constitution guarantees the right to life and personal liberty. In the landmark 2017 judgment of K.S. Puttaswamy (Retd.) vs. Union of India, the Supreme Court of India unanimously held that the right to privacy is an intrinsic part of Article 21. This ruling reinforced privacy as a fundamental right, ensuring protection against unwarranted state and private intrusions. Part III of the Constitution covers Fundamental Rights, which include: - Article 19: Right to freedom of speech and expression, freedom of movement, and other essential liberties. - Article 21: Right to life and personal liberty, which now includes privacy after the Puttaswamy judgment. Article 14: Ensures equality before the law, but does not explicitly deal with privacy. Article 17: Abolishes untouchability. Directive Principles of State Policy (DPSPs) are non-enforceable guidelines, not fundamental rights. Article 24: Prohibits child labor but has no relation to privacy. Thus, the right to privacy is most closely linked to Article 21 and the freedoms guaranteed in Part III of the Indian Constitution. Hence the correct answer is option (c).
Show 3 more PYQs
Consider the following statements:
1. Aadhaar metadata cannot be stored for more than three months.
2. State cannot enter into any contract with private corporations for sharing of Aadhaar data.
3. Aadhaar is mandatory for obtaining insurance products.
4. Aadhaar is mandatory for getting benefits funded out of the Consolidated Fund of India.
Which of the statements given above is/are correct?
Statement 1 is incorrect: The Supreme Court ruled that Aadhaar metadata cannot be stored for more than six months, which invalidated the provision in the Aadhaar Act that allowed the storage of such data for up to five years. Statement 2 is correct: The Supreme Court struck down Section 57 which allowed private corporations to verify Aadhaar data. The Court held this provision unconstitutional, as it was seen to violate privacy rights. Statement 3 is incorrect: The 2018 Supreme Court judgment declared that making Aadhaar mandatory for services beyond welfare schemes, including financial services like insurance or for preventing money laundering, was unconstitutional. In response to this ruling, the IRDAI issued an advisory in 2019, clarifying that Aadhaar is not mandatory for obtaining insurance. It also withdrew its earlier 2017 policy that had made Aadhaar compulsory for insurance in the context of anti-money laundering measures. Statement 4 is correct: In the Aadhaar verdict, the Supreme Court upheld Section 7 of the Aadhaar Act, which allows the Central or State Governments to make Aadhaar authentication mandatory for receiving subsidies, benefits, or services funded by the Consolidated Fund of India. The Court defined welfare schemes as those funded by the Consolidated Fund of India, thus validating the use of Aadhaar for such schemes. Therefore, the correct answer is B. 2 and 4 only.
X' was addressing a seminar on the meaning of the term 'law' as provided under Article 13, Part III of the Constitution of India. 'X' explained that the meaning of the term 'law' in the Constitution of India was very comprehensive. It included ordinances, orders and even rules and regulations. 'Y' pointed out that the term 'law' in Article 13 also included custom or usage having in the territory of India the force of law, to which 'X' was not convinced.
Based on the above, select the correct conclusion from the options given below :
Article 13 of the Indian Constitution provides for the protection of Fundamental Rights and declares that any law inconsistent with or in derogation of Part III of the Constitution shall be void to the extent of the inconsistency. To prevent the State from bypassing Fundamental Rights through executive or traditional means, Article 13(3)(a) provides a highly expansive definition of the term "law". It explicitly states that "law" includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law. Therefore, the view of 'Y' that the term 'law' includes custom or usage is absolutely correct. Because "custom or usage" is expressly listed in the constitutional text, uncodified traditional practices that hold the force of law are subject to the exact same constitutional scrutiny as formal legislative statutes. 'X' is incorrect in doubting or rejecting the inclusion of custom or usage within the definition of law under Article 13. Thus, regarding the point of contention, only the view of 'Y' is correct. Therefore, the correct option is D.
Consider the following pairs:
Provision in the Constitution of India – Stated under
I. Separation of Judiciary from the Executive in the public services of the State : The Directive Principles of the State Policy
II. Valuing and preserving of the rich heritage of our composite culture : The Fundamental Duties
III. Prohibition of employment of children below the age of 14 years in factories : The Fundamental Rights
How many of the above pairs are correctly matched?
Each of these constitutional provisions is accurately linked to its correct part within the Constitution of India. ✅ Pair I: Directive Principles of State Policy – Correct
* Article 50 mandates the separation of the judiciary from the executive in the public services of the State. ✅ Pair II: Fundamental Duties – Correct
* Article 51A(f) states that citizens must value and preserve the rich heritage of our composite culture. ✅ Pair III: Fundamental Rights – Correct
* Article 24 prohibits the employment of children below 14 years in hazardous work such as factories or mines.