The Fundamental Freedom to Protest or Not?
constitutional bar_exam beginner trick_questionSo here's a possible AIBE question: "Under Article 19(1)(a) of the Indian Constitution, can a government order the restriction of peaceful protest in a crowded marketplace during a critical public health emergency? Is the restriction reasonable?"
Most people get carried away with the "public health emergency" part and think - "Arey, public health safety mein koi shanka nahi hai, restriction ka kya issue hai?" But, my friend, this is where the trap is - you're thinking about the restriction being proportional to the object, but the Constitution says the restriction has to be in relation to the interests of the general public. So, the question is not about the reasonableness of the restriction, but about whether it's in relation to an "object" that the government is trying to protect. The object, here, is not the public health emergency itself, but the general public's right to life and property.
2 Comments
Main khud ko aam aadmi ke rup se dekhkar kehna chahta hoon ki ye sawal bahut jatil hai. Jab koi azaadi ki bhaavnaa ke saath protest karta hai, toh uske liye koi zameen, koi pani, koi kanoon nahi chahiye. Lekin jab logon ka rishtedaar, parivaar, ya office mein protest karna hoga toh kya faida?
Maine to hain yeh aawaaz nahi karne ke adhikaar ka khayal karna ek jhootha hai. Yadi protest nahi karna hai, toh aapko nai aawaaz nahi sunani chahiye. Agar government aapko aawaaz nahi sun rhi hai, toh aapko aawaaz uthana hai hi padega.