Lawyers have constitutional right to peaceful protest, says India's Chief Justice

Chief Justice Surya Kant on Monday reaffirmed that members of the legal profession possess a fundamental right to engage in peaceful protests at designated venues, underscoring the importance of protecting democratic freedoms within the judiciary.

The statement emerged when a three-judge bench, also comprising Justices Joymalya Bagchi and V Mohana, heard submissions from senior advocate Gopal Sankaranarayanan regarding alleged detentions and excessive police conduct during recent demonstrations against Chief Election Commissioner Gyanesh Kumar and the Election Commission of India.

Sankaranarayanan raised serious concerns about instances of alleged police overreach, including physical force and detention of legal practitioners during the protests. He pointed to the absence of formal orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) in the public domain and appealed to the court to direct law enforcement agencies to demonstrate restraint in handling future demonstrations.

The bench agreed to hear the matter further on Tuesday. The case highlights ongoing tensions between maintaining public order and protecting constitutional rights to peaceful assembly, particularly when exercised by members of the legal fraternity.