The question arises how did the new constitutional system provide the right to protest to the free citizens of a free country?
The framers of the Constitution preserved the benefits of democracy and civil liberties, such as freedom of speech and expression, which were not recognized and protected by the British rulers. The framers of the Constitution acknowledged that there is a tradition in the political life of India of expressing grievances through peaceful protest.
'Democracy' is a government-run by popular public opinion. Therefore, the means and resources for forming public opinion should be safe for the people of a democratic nation. Thus, it was necessary for the new India to include the right to protest peacefully among the fundamental rights.
Therefore, the freedom of speech and expression under Article 19(1)(a) and the right to assemble peacefully without arms under Article 19(1)(b) of the Constitution are the cornerstone of the Constitution of India.
Further, specifically Article 19(1)(c) and Article 19(1)(d) respectively give the right to form an association or union and to move freely throughout India. These articles have given wide rights to protest to Indian citizens. That is, any citizen or citizen or group of citizens living within the geographical boundaries of India can reach the national capital and protest.
Protests in India mainly include dharnas, demonstrations, strikes and bandhs. If non-violent, these forms are considered as expressions of freedom of speech and expression, peaceful assembly and association and a free movement throughout the territory of India.
この記事は The Daily Guardian の February 14, 2024 版に掲載されています。
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この記事は The Daily Guardian の February 14, 2024 版に掲載されています。
7 日間の Magzter GOLD 無料トライアルを開始して、何千もの厳選されたプレミアム ストーリー、9,000 以上の雑誌や新聞にアクセスしてください。
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