Overview
In October 2026, protests erupted in Delhi after the Special Intensive Revision (SIR) excluded a large number of voters. Demonstrators demanded the resignation of the Chief Election Commissioner, Gyanesh Kumar. The government responded with police and military deployment, raising questions about the violation of constitutional rights to free speech and peaceful assembly.
Key Developments
- Mass protests across Delhi demanding accountability for the SIR exclusion.
- Police invoked Section 163 of the BNSS and used force against peaceful demonstrators.
- Detentions without informing families, denial of legal counsel, and deportation notices to Overseas Citizens of India (OCI) participants.
- Supreme Court hearing on 9 October 2026 ordered the designation of “suitable alternative sites” for protests after the denotification of Jantar Mantar.
- Additional Solicitor General cited the Supreme Court’s earlier order, but no interim relief was granted, leaving Jantar Mantar inaccessible.
Important Legal Provisions
The Constitution guarantees:
- Article 19(1)(a): free speech and expression.
- Article 19(1)(b): peaceful assembly.
- Article 19(3): allows reasonable restrictions in the interest of public order or sovereignty.
Supreme Court judgments such as Himmat Lal vs Commissioner of Police (1972) distinguish reasonable “time, place and manner” regulations from arbitrary bans. The Court warned that a blanket closure of public spaces would nullify the right to assemble.
Exam Relevance
Understanding the tension between fundamental rights and state authority is essential for GS2 (Polity). Candidates should be able to:
- Explain the scope of Article 19(1)(a) and Article 19(1)(b) and the permissible restrictions under Article 19(3).
- Analyse how preventive laws like Section 163 of the BNSS can be mis‑used to curb dissent.
- Discuss the role of historic protest sites such as Jantar Mantar in democratic expression.
Way Forward
To align state action with constitutional spirit, the following steps are recommended:
- Ensure any restriction on assembly meets the “reasonable” test of Article 19(3) and is narrowly tailored.
- Limit the use of Section 163 of the BNSS to genuine emergencies, with judicial oversight.
- Restore designated protest zones like Jantar Mantar or provide equivalent accessible sites.
- Strengthen mechanisms for transparent voter‑list updates to avoid large‑scale exclusions that trigger unrest.
Balancing security concerns with democratic freedoms is crucial for preserving India’s constitutional ethos.