CJI Surya Kant: Right to protest is fundamental, not public disorder

CJI Surya Kant: Right to protest is fundamental, not public disorder

The Supreme Court, in *Prakashjhot Samajik Sanstha v. Union of India*, reiterated that the right to peaceful protest is a fundamental constitutional right but cannot be exercised in a manner that disrupts public order or inconveniences citizens. While hearing a matter concerning the proposed naming of the Navi Mumbai International Airport, Chief Justice Surya Kant observed that every citizen has the right to lawful and peaceful protest under Articles 19(1)(a) and 19(1)(b) of the Constitution. However, the Court emphasized that protests cannot create law-and-order problems, block public spaces, or disturb normal life. The Bench further clarified that fundamental rights are subject to reasonable restrictions in the interest of public order and public safety. The Court also declined to interfere in the policy decision regarding the airport’s name, reiterating the principle of judicial restraint and holding that such matters primarily fall within the executive domain.