The Supreme Court (SC) of India on Monday delivered a landmark ruling on the constitutional right to protest, underlining that peaceful demonstrations cannot be met with force merely because they involve agitation by the public. It ruled that every citizen holds the right to stage peaceful and lawful protests under the Indian Constitution, and that police action such as lathicharge cannot be justified solely on the grounds that a demonstration is unfolding.

Top court underscores protection of peaceful demonstrations

The SC made the observations while hearing an urgent mention of a petition filed by the Rashtriya Janata Dal (RJD) leader Manoj Jha. The plea mentioned allegations of excessive force by Delhi police, including the reported use of AK-47 rifles, against protestors in Bihar. 

The Bench placed the matter on par with other petitions seeking an independent probe into the events of July 20, when students participating in the Cockroach Janta Party (CJP)-led ‘Sansad Chalo’ march towards the Parliament were allegedly fired tear gas shells at, and also faced baton charges by security personnel. 

The bench remarked,”The right to peaceful, lawful protest is absolutely guaranteed under the Constitution. So long as it is a peaceful agitation, merely because there is agitation, there cannot be a lathicharge.” 

Pan-India guidelines on handling protests on the cards

The Apex court also indicated during the hearing that it may consider framing pan-India guidelines governing the manner in which the cops and security agencies handle, as well as respond to public protests. 

While reaffirming the constitutional protection available to peaceful protestors, the Bench also paid heed to the safety of police personnel deployed during such events. 

Chief Justice of India (CJI), Surya Kant noted that allegations of excessive force by police must be probed thoroughly and questioned why adequate protective equipment had reportedly not been provided to the personnel injured during the protests. 

He said, “Police excesses must be probed into. The governments must explain why adequate gears were not provided to police who were injured during the protests.” The matter will next be heard on Tuesday (July 28, 2026) by the top court’s bench comprising CJI Kant, Justice Joymalya Bagchi and Justice V mohana.

Separate plea on assaults against cops to be heard too

The apex court had also given the nod to hear a separate petition alleging that police personnel were assaulted during protests which erupted in the aftermath of the NEET UG 2026 paper leak. The demonstrations intensified after riot police used batons to disperse protestors attempting to march from Jantar Mantar towards the Parliament. Videos emerging from the protest site showed demonstrators running for safety as the cops in riot gear advanced towards them. 

The petitions filed before the court seek an independent probe into the incidents, preservation of CCTV footage, body-worn camera’s recordings and other electronic evidence, along with compensation for protestors who sustained injuries.