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Part VII Rights—Substance and Content, Ch.46 Assembly and Association

Menaka Guruswamy

From: The Oxford Handbook of the Indian Constitution

Edited By: Sujit Choudhry, Madhav Khosla, Pratap Bhanu Mehta

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 22 February 2024

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.

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