Right to Protest

Subject – Polity

Context – Why the protests when farm laws are on hold, Apex Court asks

Concept –

The right to protest is a fundamental political right of the people that flows directly from a democratic reading of various provisions of Article 19.
Right to Protest is protected under Article 19(1) (a), Article 19(1) (b) and Article 19(1) (c) of the Indian Constitution.
- Article 19(1) (a)guarantees the freedom of speech and expression;
- Article 19(1) (b)assures citizens the right to assemble peaceably and without arms.
- Article 19(1) (c) assures right to form associations or trade unions
Reasonable restrictions: However, like other fundamental rights, right to protest is also not absolute and also subject to reasonable restrictions mentioned under Article 19(2) and 19(3) on the following grounds;
- In the interests of the sovereignty & integrity of India,
- The security of the State,
- Friendly relations with foreign States,
- Violation of Public order,
- Decency or morality or in relation to Contempt of court, defamation or incitement of an offence

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Subjudice rule

Res subjudice is a legal term which, in simple language, means that if a matter is before a court, the same matter cannot be brought before another court by the same parties.
This rule is contained in section 10 of the civil procedure code.
The purpose of the rule is to prevent contradictory orders on the same issue being issued by two different courts.
The subjudice rule has found a place in the rules of the Houses of Parliament and also the state legislatures. This rule prohibits the admission of motions, resolutions and questions for discussion in the House on the ground that the matter is before the court. But it is not applicable to bills or an issue of privilege.
The point is that the rule does not have universal application to all types of business of the legislature.