Facts for Prelims (FFP)
Source: IE
Context: The Andhra Pradesh High Court recently struck down a government order that aimed to regulate public meetings, processions, and assemblies on roads, highways, and streets.
What was the issue involved?
The Andhra Pradesh government contended that its action was necessary to regulate these activities in light of recent accidents caused by processions on roads. However, the Andhra High Court struck down the government order, stating that the tradition of public meetings and assemblies holds historical, cultural, and political significance in the country.
What did Andhra HC say:
| Topic | Summary |
| About Police Act 1861 | The court analyzed relevant sections of the Police Act, 1861, and concluded that they give authorities the power to regulate (e.g., in case of “road blockage”), but not completely restrict, assemblies and processions on public roads. |
| Fundamental Rights | The right to assemble, to protest peacefully, and to express one’s opinion freely is an important freedom which cannot be taken away. |
| Constitutional Provision | Article 19(1)(a) of the Indian Constitution guarantees the right to freedom of speech and expression. Article 19(1)(b) protects the right to assemble peaceably and without arms. |
| Importance of freedom of speech and democracy | Freedom of speech is considered the “bulwark” of democracy and is regarded as the first in the hierarchy of liberties. It plays a crucial role in safeguarding democratic principles and ensuring open dialogue and expression of ideas. |
| SC guidelines | The Supreme Court, in the case of Mazdoor Kisan Shakti Sangathan vs Union of India, laid down guidelines for regulating protests and demonstrations.
These guidelines include regulating the intended number of participants, prescribing minimum distances, imposing restrictions on certain routes, and disallowing the carrying of weapons. |
| Protest vs Strike | Protests are broader expressions of dissent or objection by individuals or groups on various issues. Strikes, on the other hand, specifically refer to organized work stoppages by employees seeking improved labour conditions. |
| Right to protest vs right to strike | In India, the right to protest is a fundamental right under Article 19 of the Constitution. However, the right to strike is not a fundamental right but a legal right, protected by specific labour laws and regulations. |
