Delhi protest crackdown: SC says right to peaceful protest constitutionally protected, mulls framing guidelines
The Supreme Court said it will hear on Tuesday (July 28, 2026) multiple petitions concerning the nationwide protests over examination paper leaks, including those alleging police excesses during the July 20 Parliament march led by the Cockroach Janta Party
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Context
The is considering framing uniform, pan-India guidelines to regulate police conduct during large-scale protests, emphasizing that the right to peaceful protest is constitutionally guaranteed. This follows nationwide demonstrations regarding examination paper leaks (like NEET) and subsequent allegations of police excesses, including lathi charges and the alleged use of pellet guns, as well as injuries sustained by police personnel. Concurrently, the Union Government has proposed the to significantly enhance penalties for examination malpractices.
UPSC Perspectives
Polity
The right to protest is a fundamental aspect of democratic expression in India, implicitly guaranteed under (freedom of speech and expression) and (right to assemble peaceably and without arms) of the . However, these rights are not absolute and are subject to 'reasonable restrictions' under and respectively, in the interest of the sovereignty and integrity of India, security of the State, public order, decency, or morality. The 's observation underscores the need to balance this fundamental right with the state's responsibility to maintain public order. The court is examining whether police actions during recent protests constituted a disproportionate use of force, which would violate the principle of proportionality—a key test for the validity of restrictions on fundamental rights. The proposed framing of 'pan-India guidelines' reflects the judiciary's role in filling legislative or executive vacuums to protect constitutional rights and ensure that 'reasonable restrictions' do not devolve into arbitrary state action.
Governance
The situation highlights the complex governance challenge of managing public order—a State Subject under the of the Constitution. The demand for standard operating procedures (SOPs) for crowd control points to a need for administrative reforms within law enforcement agencies. The explicitly noted the necessity of protecting police personnel, suggesting that inadequate provision of protective gear (like helmets and riot shields) points to administrative failures. The debate over the use of less-lethal weapons, such as pellet guns (allegedly used by the ), involves assessing the state's use of force continuum. Effective governance requires law enforcement to employ the minimum force necessary to restore order, ensuring that police actions are guided by clear protocols rather than ad-hoc reactions, thereby upholding both public safety and democratic rights.
Legal and Regulatory
In response to the precipitating issue of paper leaks, the introduction of the demonstrates a legislative attempt to address systemic failures in conducting fair examinations. The bill seeks to deter malpractices by enhancing imprisonment terms (from 3-5 years to 5-10 years) and increasing fines (from ₹10 lakh to ₹50 lakh). This represents a shift towards a more punitive legal framework to safeguard the integrity of public institutions. For UPSC candidates, this highlights the state's legislative response to governance failures that impact youth and public trust. The proposed law will need to be evaluated on its potential effectiveness in deterring organized cheating syndicates versus the underlying administrative vulnerabilities that allow such leaks to occur in the first place.