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Right to Protest an Analysis of Amit Sahni V Union of India and others 2020

Mudassir Nazir, Assistant Professor, School of Law, Galgotias University, Greater Noida 201306, Uttar Pradesh, India. , Mudassir Nazir

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Indian Journal of Law and Human Behavior 7(2):p 51-54, July – December 2021. | DOI: http://dx.doi.org/10.21088/ijlhb.2454.7107.7221.6

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Mudassir Nazir/Right to Protest An Analysis of Amit Sahni V Union of India and others 2020./Indian J Law Hum Behav 2021;7(2):51–54.
 

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Abstract

 

Democracies without protests are a dictatorship. In democracies, the
state must not only facilitate the dissent but should develop a culture
of constructive dissent, protest, and opposition. The Right to protest
has constitutional protection but its application should be used in
a manner not to trespass on another right. The judiciary must play a
constructive role by providing a harmonious construction approach in
case of conflict between the two rights. Once right cannot and should
not have predominance over another. However, the dissent shall not be
a disorder, and the difference between the two needs to be protected.
It’s in this backdrop the paper is an attempt to analyze the position
and the judgment given in the above-stated case concerningthe right to
protest and the role of the apex court in the same. The paper will suggest some suggestions in the backdrop of judgment.
Keywords: Protest; Constutional culture; Judicial balancing; Pressure
tactics.
 

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Mudassir Nazir/Right to Protest An Analysis of Amit Sahni V Union of India and others 2020./Indian J Law Hum Behav 2021;7(2):51–54.
 

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DOI: http://dx.doi.org/10.21088/ijlhb.2454.7107.7221.6

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