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Supreme Court on Illegal Detentions and Right to Protest [Prelims Bits]

13 Oct 2026

Tags: Prelims   Current events of national and international importance

Source: The Hindu

Context: The Supreme Court directed the Centre and Delhi Police to prevent illegal detentions and ensure freedom of movement amid restrictions imposed during protests over alleged electoral irregularities.

  • Supreme Court directions: Review road barricades; maintain Internet connectivity; facilitate movement of people, traffic, Metro and rail services, subject to law and public order.
  • Right to peaceful protest: Protected under Article 19(1)(a) (freedom of speech and expression) and Article 19(1)(b) (right to assemble peacefully without arms).
  • Reasonable restrictions: These rights are subject to restrictions under Articles 19(2) and 19(3), respectively, on specified constitutional grounds, including public order.
  • Illegal detention: Article 21 protects life and personal liberty; deprivation must follow a procedure established by law.
  • Section 163, Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: Empowers an Executive Magistrate to issue urgent orders to prevent danger, obstruction, nuisance or disturbance of public tranquillity. It replaced Section 144 of the CrPC, 1973.
  • Access to justice: The Court directed removal of prohibitory-order notices outside courts to facilitate litigants’ access to lawyers and justice.
  • Metro restrictions: The Court sought an affidavit clarifying restrictions at 45 of Delhi’s 303 Metro stations and issued notices concerning alleged non-compliance with its earlier order.
  • Article 32: Provides the right to approach the Supreme Court for enforcement of Fundamental Rights.
  • National Emergency vs. ordinary restrictions: Fundamental Rights are not automatically suspended merely because public-order restrictions are imposed. Article 358 concerns Article 19 during specified National Emergencies; Article 359 permits suspension of the right to move courts for enforcement of specified Fundamental Rights, subject to constitutional exceptions.

Prelims Question

Q1. Section 163 of BNSS and Emergency Provisions

Consider the following pairs:

ProvisionSubject matter
1. Article 32Constitutional remedies for enforcement of Fundamental Rights
2. Article 358Suspension of Article 19 protections during every type of National Emergency
3. Article 359Power to suspend the right to move courts for enforcement of specified Fundamental Rights, subject to constitutional limitations
4. Section 163 of BNSS, 2023Urgent preventive orders to address specified dangers, obstructions or disturbances of public tranquillity

How many of the above pairs are correctly matched?

(a) Only one
(b) Only two
(c) Only three
(d) All four

Answer: (c) 

Explanation:

  • Pair 1 is Correct: Article 32 provides a constitutional remedy before the Supreme Court for enforcement of Fundamental Rights.
  • Pair 2 is Incorrect: Article 358 applies to Article 19 during a National Emergency declared on grounds of war or external aggression, not an Emergency declared solely on grounds of armed rebellion.
  • Pair 3 is Correct: Article 359 permits a Presidential Order suspending the right to move courts for enforcement of specified Fundamental Rights during an Emergency, subject to constitutional safeguards. Articles 20 and 21 are excluded from such suspension.
  • Pair 4 is Correct: Section 163 of BNSS empowers an Executive Magistrate to issue urgent preventive orders in circumstances specified by law. It replaced Section 144 of the Code of Criminal Procedure, 1973.

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