Q. Explain fundamental right to freedom of Assembly

Answer

The right to freedom of assembly is given under article 19(1)(b) of our Constitution.

It provides that all the citizens have right to peaceful assembly, with certain restriction, which are given under article 19(3) of Indian Constitution and CR.P.C.

The right to assembly embodies the very idea of a democratic government. Article 19(1)(b) thus includes the right to hold meetings and to take out processions. However, this right is not absolute but restrictive in nature. Following reasonable restrictions are provided in article 19(3) of COI:

I.                     The assembly must be peaceful and harmonious,

II.                   It must be unarmed and not threatening the safety of the people,

III.                 It must not create danger to the sovereignty, integrity and security to our nation,

Case: Kanhaiya Kumar, student leader JNLU, V. NCT of Delhi, 2016: It was held that right to peaceful assembly can’t be curtailed on the name of seditious activity, until or unless that particular assembly creates a real threat to national security or fall under the one of the grounds mentioned under article 19(3) of Indian Constitution.

In Re: Ramlila Maidan Incident v. Home Secretary, Union of India & Bears, the SC held that, ‘Citizens have a fundamental right to assembly and peaceful protest that cannot be removed from arbitrary executive or legislative action.’

 

 

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