Right to protest

In the news

• Supreme Court calls blanket Metro and train shutdown before Delhi protest 'overreaching' 10 October 2026 · Indian Express

  Can the state shut a city's trains and Metro to keep a protest from reaching it?

• Explained: detention vs arrest, and the limits the law places on police powers 8 October 2026 · Indian Express

  When police 'detain' protesters for a few hours, is that an arrest? The answer decides which rights apply.

• Supreme Court uses Article 142 to quash FIRs against NEET-UG protesters 2 September 2026 · The Hindu

  Can the Supreme Court close criminal cases across India in one order, and when should it?

Key facts

• On 9 October 2026 a Bench led by CJI Surya Kant called the closure of 57 Delhi Metro stations and cancellation of trains to New Delhi and Hazrat Nizamuddin before a protest "overreaching". (10 October 2026)
• The court held that regulating public transport for law and order may be justified, but a complete prohibition of Metro movement is not. (10 October 2026)
• Arrest is custody on an accusation of an offence and starts criminal proceedings; detention during protests is temporary custody, usually without charges. (8 October 2026)
• Article 22(1) and (2) guarantee the grounds of arrest, a lawyer of choice, and production before a magistrate within 24 hours. (8 October 2026)
• On 1 September 2026, a Bench led by CJI Surya Kant invoked Article 142 to quash FIRs against students who protested over the NEET-UG 2026 paper leak between 20 and 25 July 2026. (2 September 2026)
• The relief covers every State and Union Territory and bars fresh FIRs over those protests; the Delhi Police may still proceed against 2,873 persons, only for bodily harm or destruction of property. (2 September 2026)

Previous-year questions

1. 2026 · GS2 · 15 marks To what extent do pressure groups, social movements and corporate lobbies deepen pluralistic democracy in India by representing excluded interests? Analyse whether the growing convergence of corporate wealth and…
2. 2023 · GS2 · 15 marks "The Constitution of India is a living instrument with capabilities of enormous dynamism. It is a constitution made for a progressive society." Illustrate with special reference to the expanding horizons of the right…
3. 2022 · GS2 · 10 marks "Right of movement and residence throughout the territory of India are freely available to the Indian citizens, but these rights are not absolute." Comment.
4. 2021 · GS2 · 15 marks Though the Human Rights Commissions have contributed immensely to the protection of human rights in India, yet they have failed to assert themselves against the mighty and powerful. Analyzing their structural and…
5. 2014 · GS2 · 12.5 marks What do you understand by the concept "freedom of speech and expression"? Does it cover hate speech also? Why do the films in India stand on a slightly different plane from other forms of expression? Discuss.
6. 2014 · GS2 · 12.5 marks Starting from inventing the 'basic structure' doctrine, the judiciary has played a highly pro active role in ensuring that India develops into a thriving democracy. In light of the statement, evaluate the role played…
7. 2023 · Prelims Consider the following statements: 1. According to the Constitution of India, the Central Government has a duty to protect States from internal disturbances. 2. The Constitution of India exempts the States from…
8. 2019 · Prelims With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean…