This research proposal title "Right to Protest” Extensive Analysis of the right provided by the supreme law of land. The studies aim to examine the historical development and Constitutional foundation of the Protection of Right to Protest. The research employs a mixed methodology including a literature review, case analyses, critical concepts to extensively explore these interconnected gestures. Through this investigation, the research aims to provide insights into the implications of Constitution and their actions on the democratic principles of a diverse nation India. The studies finding are expected to contribute to a intense understanding of the Article- 19 (a & b) of the Indian Constitution which collectively provides the foundation of the “Right to Protest” thus, this research work offering valuable understanding for policymakers, legal practitioners, and scholars in the field.


An analysis of the political concept of a "State" demonstrates that in ancient times, a monarch was granted the authority to govern a specific region and its inhabitants on behalf of the deities. Almost everyone in past, regardless of their religious beliefs or cultural norms, had the solid belief that a greater force beyond our understanding bestowed the ability to rule. Each state and religious leaders were able to mislead the population by using the pretense of "faith" since rationality had essentially given up. But if history is to be believed, it was the medieval English who first challenged this idea of "Divinity" by claiming a right to be involved in government. With the formation of Parliament, the people's representatives were given a voice in matters about their and their kingdom's welfare. Oliver Cromwell's efforts to establish the significance of Parliament in opposition to an authoritarian monarchy laid the foundation for a relatively peaceful "Glorious Revolution," which ultimately led to the enactment of the Bill of Rights. Opposing to the beliefs of many thinkers, this occurrence was the first example in which people accomplished their objectives against their government without resorting to violence. Instead, this revolution resulted in the installation of their preferred leader on the seat of state, in exchange for recognizing their fundamental rights. Other countries, like the French, did not see this nonviolent but powerful protest as an ideal example. Instead, they resorted to widespread homicides and the death of King Louis XVI to secure their liberties. The American Revolution, which eventually expanded into a War, saw many prominent European nations join forces to battle the British. The United States of America gained independence via a violent conflict. However, the creators of the Constitution ensured that citizens were granted the necessary rights to peaceful protest and avoid a revolution against the government. In variation to their British predecessors, the Americans implemented the concept of an Independent Judiciary, which enabled individual who were dissatisfied with the conduct of the government to bring their grievances before a Court of Law. Despite skepticism, this forum has always maintained a balanced approach to the rights and responsibilities of individual, it has often adopted a humanitarian perspective to serve the objectives of the law. After reviewing the Black community's complaints in detail, the US Supreme Court mandated the end of all forms of segregation in the country, having been convinced by the apparent violation of the rights of this specific group. This set a standard for other oppressed people to follow including women and, more recently, transgender people, who were able to bring their plight to the attention of the public and the appropriate authorities and use the legal system to defend their rights. To say that the American Constitution "civilized" its citizens is an understatement. It urged people to seek justice by peaceful means and to have faith in the government's institutions. However, M.K. Gandhi revolutionized the globe with his distinctive approach and moral principles in of protesting. Through hunger strikes, civil disobedience, and non-cooperation, he posed a significant challenge to British Rule in the nation. Satyagraha aimed to assert demands to the government without resorting to violence, despite potentially pressuring and coercing the state if necessary. Later, Potti Shri Ramulu adopted this idea to acknowledge the independent statehood of Andhra Pradesh. Anna Hazare also supported this concept passing the Lokpal Bill, which aims to ensure transparency and accountability in governance. Not only that, but this strategy has been adopted by several notable personalities to call for the Citizenship Amendment Act, 2019 to be repealed. Noteworthy to mention facts that the Aam Aadmi Party, which originated as a simple demonstration against the growing corruption and ineffectual policies of the state, has now developed into a significant political force in India.

The concept of the "right to assemble" is well expressed in a well-spoken phrase that emphasizes that a nonviolent protest march, inspired by the historical "Salt Satyagraha" movement, when individual fasted till death and were willing to risk all, is not legally forbidden. It is clear the critical characteristic of any democracy is the provision of ample room for lawful disagreement. The peaceful voicing dissatisfaction via direct action or protest is highly regarded and necessary in India's political landscape. The freedom to peaceful assemble in a unified front was guaranteed in the modern Constitution by the historical significance of organized, nonviolent protest marches that helped win independence. Based on the aforementioned information, it can be deduced that once those in power become exploitative, individual, regardless of the source of their authority, seek out various methods to ensure their survival. The "right to protest" was an early form of free speech because people wanted to express themselves in opposition to authoritarian governments that stifled free thought and expression. For same rationale, the Indian Judiciary has deemed the "right to protest" an integral part of freedom of speech it has even gone so far as to describe it as a component of the Right to Life guaranteed by Article-21 of the Indian Constitution. 

However, to keep the peace, all three level of government has imposed definite restrictions on freedom. Consequently, the writers felt they had no choice but to lay out these limitations in an easy-to-understand format so that anybody could look them over.

What is the right to protest?

Article 19 of Indian Constitution, guarantees all citizen the freedom of speech & expression and to assemble in public places without use of weapons, which includes the right to protest. That being said, you must know that this right is not given to you without conditions and limitations. This implies that you can exercise your entitlement to demonstrate via a nonviolent assembly in a public setting, as long as you get all required authorizations from the relevant authorities and ensure the preservation of public tranquility throughout the process.

Authors Information:

Aditi Bhatt
Designation – LL.M Scholar
Name of Institution- Amity Law School, Amity University Lucknow Campus

Co-Author’s name- Dr. Axita Shivastava
Designation- Assistant Professor of Law
Name of institution- Amity Law School, Amity University Lucknow Campus