Right to assemble as per constitution of India


Right to assemble

Article 19(1)(b) in constitution of India provide that all citizens of India have the right to assemble peaceably and without arms. The right of assembly includes the right to hold meetings and to take out processions. Actually, this right is also similar to freedom of speech and expression.

But it is noteworthy that right to assemble is also not absolute. Lawful assembly requires two things –

(i) It must be peaceful

(ii) Without arms

This right can be restricted. Restriction may be on following grounds-

(a) Sovereignty and integrity of India

(b) Maintaining Public Order

As per constitution of India no one can be allowed to organise such assembly or seminar which may cause breach of peace and endanger Public order and Sovereignty and integrity of the country.

Sec 10 of Criminal Procedure code, 1973, Sec 30 of Police Act and Sec 3 of arms Act provide several facilities to maintain public peace and order.

In

Madhu Demaya Vs S>D>M Munger[(1970) 3 S.C 746] and ‘Mahendra Vs State (A.I.R 1953 Madhya Bharat 236]

– These facilities were held valid

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