Can You Protest in India Without Breaking the Law? Legal Experts Explain What the Constitution Really Says

Public protests have played a defining role in India’s democracy from the freedom movement to farmers’ protests, Shaheen Bagh and several public demonstrations in recent years. While protesting is a powerful way to raise concerns and demand change, it also raises an important question: What does the Constitution actually allow?

Can the government stop a protest? Are hunger strikes legal? Can the internet be shut down during demonstrations? And where is the line between exercising your rights and maintaining public order?

To explore these questions, Rest The Case, one of India’s leading legal-tech platforms, hosted a panel discussion on “The Constitutional Way of Protest in India” on 29 July 2026.

The discussion featured Advocate Sujit Mashal, who practices before the Supreme Court, the Bombay High Court and courts across Mumbai and Thane, with experience in civil, criminal and economic offence matters. He was joined by Advocate Aastha Kaushik, a criminal law practitioner with over a decade of experience, specialising in cases involving IPC, POCSO, NDPS, MCOCA and UAPA.

Together, the two legal experts answered some of the most common questions around the constitutional right to protest, police powers, internet shutdowns and the limits of free speech in India.

The Right to Protest Is Protected, But It Has Limits

Advocate Aastha Kaushik explained that while the Constitution does not explicitly mention a separate “right to protest,” the right comes from Article 19, which guarantees freedom of speech, expression and peaceful assembly.

However, she pointed out that these rights are not absolute. The government can impose reasonable restrictions in the interest of public order, security, morality and the sovereignty of the country.

Her key message was simple: the Constitution protects peaceful dissent, not violence or disorder.

Why Peaceful Protests Matter?

Speaking about different forms of protest, Advocate Kaushik described hunger strikes as one of the most peaceful ways to express dissent. Unlike protests that may disrupt public life, hunger strikes rely on awareness, public support and dialogue to highlight an issue.

She explained that peaceful protests are an essential part of a healthy democracy because they give citizens a lawful way to voice concerns and hold governments accountable.

Rights Come With Responsibilities

Advocate Sujit Mashal reminded viewers that constitutional rights must always be balanced with the rights of others.

While every citizen has the freedom to protest, other citizens also have the right to use public roads, reach hospitals, attend school and carry on with their daily lives.

He explained that permissions, designated protest sites and police regulations are not meant to stop protests, but to ensure that demonstrations remain peaceful and do not unnecessarily inconvenience the public.

According to him, the Constitution is about balancing everyone’s rights, not giving preference to one over another.

Can the Government Shut Down the Internet?

The panel also addressed one of today’s most debated issues, internet shutdowns during protests.

Referring to the Supreme Court’s judgment in Anuradha Bhasin v. Union of India (2020), Advocate Mashal explained that access to the internet is closely connected to the constitutional right to freedom of speech and expression.

He also noted that internet shutdowns have been used in places such as Jammu & Kashmir as a precautionary measure to prevent the spread of misinformation and safeguard against terrorist activities. However, he stressed that blanket internet shutdowns cannot become the default response. Every restriction must satisfy the constitutional tests of necessity and proportionality.

What Every Citizen Should Know

The discussion wasn’t just about legal theory, it offered practical insights that every citizen can benefit from.

Some of the key takeaways included:

• The right to protest is protected under the Constitution, but it must remain peaceful.
• The government can impose reasonable restrictions when public order or national security is at risk.
• Peaceful methods like hunger strikes continue to be recognised as legitimate forms of democratic expression.
• Internet shutdowns cannot be imposed arbitrarily and must have a valid legal basis.
• If citizens believe their constitutional rights have been unfairly restricted, they have the right to seek legal remedies before the courts.

Why This Discussion Matters

As protests continue to influence public debate and policy decisions across India, understanding the law behind them is becoming increasingly important.

The panel discussion by Rest The Case highlighted that the Constitution does not force a choice between protecting individual freedoms and maintaining public order. Instead, it seeks to strike a careful balance between the two.

For Advocate Aastha Kaushik, that balance begins with protecting every citizen’s right to peacefully express their views. For Advocate Sujit Mashal, it also means ensuring that the exercise of one person’s rights does not come at the cost of another’s.

The discussion ultimately left viewers with a clear message: knowing your constitutional rights also means understanding the responsibilities that come with them. In a democracy, both citizens and the State have a role to play in ensuring that protest remains peaceful, lawful and true to the values of the Constitution.