- The Oxford Handbook of The Indian Constitution
- Acknowledgements
- Table of Cases
- Table of Legislation
- List of Abbreviations
- Notes on Contributors
- Locating Indian Constitutionalism
- Constitutional Antecedents
- Indian Constitutionalism: crisis, unity, and history
- The Indian Founding: a comparative perspective
- Constitutional Interpretation
- Law, Politics, and Constitutional Hegemony: the Supreme Court, jurisprudence, and demosprudence
- Constitutional Identity
- Constitutional Change: a public choice analysis
- International Law and the Constitutional Schema
- Citizenship
- Language
- Elections
- Emergency Powers
- Constitutional Amendment
- Separation of Powers
- Legislature: composition, qualifications, and disqualifications
- Legislature: privileges and process
- Executive
- Judicial Architecture and Capacity
- Judicial Independence
- Jurisdiction
- The Administrative and Regulatory State
- Tribunals
- Review of Administrative Action
- The Federal Scheme
- Legislative Competence: the Union and the States
- Inter-State Trade, Commerce, and Intercourse
- Inter-State River Water Disputes
- Fiscal Federalism
- Asymmetric Federalism
- Local Government
- Rights: breadth, scope, and applicability
- Horizontal Effect
- Writs and Remedies
- Saving Clauses: the Ninth Schedule and Articles 31A–C
- Directive Principles of State Policy
- Public Interest Litigation
- The Constitutionalisation of Indian Private Law
- Equality: legislative review under Article 14
- Reservations
- Gender Equality
- Life and Personal Liberty
- Due Process
- Criminal Law and the Constitution
- Free Speech and Expression
- Assembly and Association
- Movement and Residence
- Profession, Occupation, Trade, or Business
- Secularism and Religious Freedom
- Personal Laws
- Minority Educational Institutions
- Property
- Government Contracts
- Sovereign Immunity
- Public Employment and Service Law
- The Indian Constitution Seen from Outside
- Index
Abstract and Keywords
This chapter examines the relevant provisions of the Indian Constitution with respect to freedom of assembly and freedom of association. It begins with a historical background on the restrictions to the freedom to assemble peaceably in colonial India, as well as restrictions under the Criminal Procedure Code covering public meetings and the right of government employees to participate in demonstrations. It then considers the power of the State to curtail the freedom to assemble, the constitutionality of Section 144 of the Criminal Procedure Code, the right to strike, and what constitutes unlawful association. It also discusses the jurisprudence of the Indian Supreme Court with regard to the freedom of association.
Keywords: Criminal Procedure Code, freedom of assembly, freedom of association, government employees, Indian Constitution, Indian Supreme Court, jurisprudence, public meetings, right to strike, unlawful association
Menaka Guruswamy is an Advocate, Supreme Court of India and High Court of Delhi.
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- The Oxford Handbook of The Indian Constitution
- Acknowledgements
- Table of Cases
- Table of Legislation
- List of Abbreviations
- Notes on Contributors
- Locating Indian Constitutionalism
- Constitutional Antecedents
- Indian Constitutionalism: crisis, unity, and history
- The Indian Founding: a comparative perspective
- Constitutional Interpretation
- Law, Politics, and Constitutional Hegemony: the Supreme Court, jurisprudence, and demosprudence
- Constitutional Identity
- Constitutional Change: a public choice analysis
- International Law and the Constitutional Schema
- Citizenship
- Language
- Elections
- Emergency Powers
- Constitutional Amendment
- Separation of Powers
- Legislature: composition, qualifications, and disqualifications
- Legislature: privileges and process
- Executive
- Judicial Architecture and Capacity
- Judicial Independence
- Jurisdiction
- The Administrative and Regulatory State
- Tribunals
- Review of Administrative Action
- The Federal Scheme
- Legislative Competence: the Union and the States
- Inter-State Trade, Commerce, and Intercourse
- Inter-State River Water Disputes
- Fiscal Federalism
- Asymmetric Federalism
- Local Government
- Rights: breadth, scope, and applicability
- Horizontal Effect
- Writs and Remedies
- Saving Clauses: the Ninth Schedule and Articles 31A–C
- Directive Principles of State Policy
- Public Interest Litigation
- The Constitutionalisation of Indian Private Law
- Equality: legislative review under Article 14
- Reservations
- Gender Equality
- Life and Personal Liberty
- Due Process
- Criminal Law and the Constitution
- Free Speech and Expression
- Assembly and Association
- Movement and Residence
- Profession, Occupation, Trade, or Business
- Secularism and Religious Freedom
- Personal Laws
- Minority Educational Institutions
- Property
- Government Contracts
- Sovereign Immunity
- Public Employment and Service Law
- The Indian Constitution Seen from Outside
- Index
