Chapter viii of the Indian Penal Code lays down that the conditions when an assembly becomes ‘unlawful’. Section 144(6) gives the government the power to make an assembly of 5 or more people in certain cases an unlawful assembly. Section 144 of the Code of Criminal Procedure also talks about unlawful assemblies. It has been reviewed, studied and interpreted numerous times by the Supreme Court. Article 19(b) has always been an issue of debate in the country. Reasonable restrictions imposed under Article 19(3) are in the interests of sovereignty and integrity of India or public order. Disorderly and/or riotous assembly will not be protected under Article 19(1)(b) and clause 3 of article 19 would then come into picture. The assembly must be non-violent and must not breach public peace. However, this right is not absolute but restrictive in nature. Article 19(1)(b) thus includes the right to hold meetings and to take out processions. The right to assembly embodies the very idea of a democratic government. :-ġ) The assembly must be peaceful and harmonious Ģ) It must be unarmed and not threatening the safety of the people ģ) Reasonable restrictions can be imposed under clause 3 of article 19. The right is however subject to the following restrictions. This right includes the rights to hold meetings and to take out processions. Article 19 (1)(b) guarantees to all citizens of India rights “to assemble peaceably and without arms”. Article 19(1) provides that all citizens shall have the right to freedom of speech and expression, assembly, associations, movement, residence and practicing any trade, business, occupation or profession. Article 19 of the Indian Constitution is one of the most important articles constituting the ‘basic freedoms’ guaranteed to every citizen of India.
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