Democracies without protests are a dictatorship. In democracies, the
state must not only facilitate the dissent but should develop a culture
of constructive dissent, protest, and opposition. The Right to protest
has constitutional protection but its application should be used in
a manner not to trespass on another right. The judiciary must play a
constructive role by providing a harmonious construction approach in
case of conflict between the two rights. Once right cannot and should
not have predominance over another. However, the dissent shall not be
a disorder, and the difference between the two needs to be protected.
It’s in this backdrop the paper is an attempt to analyze the position
and the judgment given in the above-stated case concerningthe right to
protest and the role of the apex court in the same. The paper will suggest some suggestions in the backdrop of judgment.
Keywords: Protest; Constutional culture; Judicial balancing; Pressure
tactics.