Topic: Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
Q3. “Democratic dissent strengthens constitutional governance only when exercised within the framework of the Constitution.” Assess the constitutional safeguards protecting peaceful protests. Analyse the challenges in balancing dissent with public order. (15 M)
Difficulty Level: Medium
Reference: IE
Why the question
The issue of regulating public protests has gained prominence following recent debates over demonstrations near Parliament, raising questions about balancing fundamental rights with public order in a constitutional democracy.
Key Demand of the question
The question requires assessing how peaceful democratic dissent strengthens constitutional governance through constitutional safeguards. It also requires analysing the challenges involved in balancing the right to protest with the State’s obligation to maintain public order.
Structure of the Answer:
Introduction
Define democratic dissent as an essential constitutional value and link it to participatory democracy and the rule of law.
Body
- Democratic dissent and constitutional governance: Explain how constitutional dissent strengthens democracy.
- Constitutional safeguards for peaceful protests: Mention the constitutional and judicial framework protecting peaceful protests.
- Challenges in balancing dissent with public order: Analyse the major constitutional and administrative challenges in maintaining this balance.
Conclusion
Conclude with the need for a rights-based, proportionate and constitutionally compliant approach that safeguards both democratic freedoms and public order.
