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Article 19(1)(b) Right to Peaceful Assembly: SC Upholds Right to Protest with Reasonable Restrictions Under Section 163 BNSS

PolityHIGH
Target:UPSC GS-IIMPSCSSC GATeachingPrelims HighMains MediumStatic GK Link
20 Jul 2026
~2 min
Source: Indian Express
Key Data:Article 19(1)(a) and (b)Article 19(2)Section 163 BNSSHimat Lal K. Shah v. Commissioner of Police (1973)Mazdoor Kisan Shakti Sangathan v Union of India (2018)Amit Sahni v. Commissioner of Police (2020)
Bodies:Supreme CourtUN Human Rights CouncilParliament
Practice MCQs from today's news ▸
What This Article Covers

1.Right to peaceful protest is a fundamental right under Article 19(1)(b) but subject to reasonable restrictions.

2.Supreme Court in Mazdoor Kisan Shakti Sangathan (2018) laid down guidelines for protest near Parliament, reaffirming Jantar Mantar as designated site.

3.Examiners often test the difference between 'reasonable regulation' and 'arbitrary exclusion' as per Himat Lal Shah case (1973).

The Big Picture
Prelims · HighMains · Medium

The article explains the constitutional framework for peaceful protest under Article 19(1)(a) and (b), the reasonable restrictions under Article 19(2), and key Supreme Court rulings including the Shaheen Bagh and Jantar Mantar guidelines. With the recent CJP protest and police crackdown, understanding the legal boundaries of protest is crucial for governance and polity questions.

Exam Lens

Quick Exam Facts From News

Article 19(1)(a) and (b)Freedom of speech and expression, right to assemble peaceably without arms
Section 163 BNSSProhibitory orders to regulate protests (formerly Section 144 CrPC)
Designated protest siteJantar Mantar, Delhi
Key SC caseAmit Sahni v. Commissioner of Police (2020) - Shaheen Bagh

1-Minute Revision

  • ›Article 19(1)(a) and (b): Freedom of speech and expression, right to assemble peaceably without arms
  • ›Section 163 BNSS: Prohibitory orders to regulate protests (formerly Section 144 CrPC)
  • ›Target this Data: Article 19(1)(b) and Article 19(2) of the Constitution
  • ›Target this Nodal Body: Supreme Court of India
  • ›Target this Legal Point: Section 163 BNSS (formerly Section 144 CrPC)

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Practice exam-style questions, track your score, and strengthen your recall.

Q1Static LinkageEasy

Which article of the Indian Constitution guarantees the right to assemble peaceably and without arms?

Q2Statement-basedHard

Consider the following statements regarding the right to protest in India:

1. The Supreme Court in Himat Lal K. Shah v. Commissioner of Police (1973) held that the state can make reasonable regulations but cannot arbitrarily exclude citizens from exercising their right to assemble.

2. Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) is the same as Section 144 of the Code of Criminal Procedure (CrPC) with no changes.

3. In the Shaheen Bagh case (Amit Sahni v. Commissioner of Police, 2020), the Supreme Court held that protests must be held in identified areas and cannot block public roads indefinitely.

Which of the statements given above is/are correct?

Q3Data-centricMedium

Which section of the Bharatiya Nagarik Suraksha Sanhita (BNSS) has replaced Section 144 of the Code of Criminal Procedure (CrPC) for regulating protests?

Q4Application/ImpactMedium

What is the primary objective of imposing prohibitory orders under Section 163 BNSS (formerly Section 144 CrPC) during a protest?

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