In Brief
Expresses concern over police violence against peaceful student protesters, citing fundamental rights violations.
Supreme Court Justice Ujjal Bhuyan publicly expressed grave concern over incident reports depicting uniformed police personnel assaulting student protesters at Jantar Mantar in New Delhi. Justice Bhuyan emphasized that physical violence by law enforcement against citizens exercising their fundamental right to peaceful assembly violates constitutional principles and damages public faith in democratic governance.
The judicial remarks highlight growing constitutional scrutiny regarding police handling of public demonstrations and civil dissent. The right to assemble peacefully without arms is guaranteed under Article 19(1)(b) of the Constitution of India, subject only to reasonable restrictions under Article 19(3) on grounds of public order and sovereignty. Excessive police force infringes upon individual liberty protected under Article 21.
Landmark Supreme Court precedents, including the Anita Thakur v. State of J&K (2016) judgment, explicitly regulate police power during public protests, mandating proportion in force application. Key constitutional provisions involved include Articles 19, 21, and 22. Public order and police are State subjects under Schedule 7, List II of the Indian Constitution, placing accountability on state administrative machinery.
This legal commentary provides essential material for UPSC Polity and Governance topics. In Prelims, questions frequently test limits on fundamental rights, constitutional articles, and police powers. In Mains GS Paper II, it provides strong analytical backing for questions on civil liberties, police reforms, constitutional morality, and the role of the judiciary in safeguarding democratic rights.
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