Supreme Court backs right to association, peaceful protest; seeks permission details of Oct 10 protests
The Supreme Court of India affirmed the fundamental right to peaceful protest while questioning the proportionality of police measures in Delhi. The court is reviewing the impact of widespread transport and facility closures ahead of a planned protest.
Why it matters
The ruling balances the state's duty to maintain public order with the constitutional right of citizens to assemble and protest.
The Supreme Court of India on Friday (October 9, 2026) said the right to association and protest peacefully is a fundamental right of every citizen while reacting to a mention by senior lawyers of the apex court about the unprecedented “shutting down” of the national capital a day ahead of the CJP protests for the resignation of Chief Election Commissioner Gyanesh Kumar on October 10.
Making an impromptu oral mention before a Bench headed by Chief Justice of India Surya Kant, a battery of lawyers, led by senior advocates Kapil Sibal and A.M. Singhvi, said the capital has been “heavily barricaded”, making free movement virtually impossible.
“What is happening in my country? Can we not protest peacefully anymore?” Mr. Sibal asked the Supreme Court.
Solicitor General Tushar Mehta, who was present in the courtroom, cut in to point out that “it is our country”.
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