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The Right To Protest And The Limits Of State Restriction
['Prakarsh Pandey']
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Constitutional FrameworkKaushal Kishor v. State of U.P.
(2023) saw a five-judge bench unanimously hold that the grounds listed in Article 19(2) are exhaustive, and that no restriction can be traced to a reason lying outside that closed list.
The bench balanced the protesters' rights under Article 19 against the right of the commuting public flowing from Article 19(1)(d) and Article 21.
That, however, is a different mode of analysis – a horizontal balancing between competing private rights, not the vertical exercise of the state's power to restrict under Article 19(2) or (3).
ConclusionThe fundamental right to protest cannot be extinguished simply because it inconveniences the government.