Delhi protest crackdown: Supreme Court says right to peaceful protest constitutionally protected, mulls framing guidelines

The Supreme Court on Monday (July 27, 2026) declared that the constitutional right to peaceful protest is protected, and hinted at the possibility of creating uniform guidelines to regulate police behavior during large-scale demonstrations. The Chief Justice of India (CJI) Surya Kant emphasized the importance of both self-imposed discipline and discipline within law enforcement agencies, stating that both citizens and police should exhibit respect for democratic processes.

The court heard multiple petitions related to nationwide protests over leaked examination papers, including allegations of police excesses during a July 20 march in Parliament led by the Cockroach Janta Party (CJP) and an incident of "aerial firing" by police in Bihar's Siwan during a NEET paper leak-induced bandh on July 25. As a result of the protests and political fallout, Union Education Minister Dharmendra Pradhan resigned on July 25, 2026, and was succeeded by Union Minister Pralhad Joshi on July 26, 2026.

The government proposed the Public Examinations (Prevention of Unfair Means) Amendment Bill, 2026, to increase penalties for involvement in unfair means during public examinations, including the leaking of question papers, from three to five years' imprisonment and from ₹10 lakh to ₹50 lakh as the maximum fine. The court also agreed to address the concerns of police personnel injured during the July 20 Parliament march, with senior advocate Sreedhar Pottaraju representing families of affected officers.

In response, Justice Bagchi stated that the state authorities would be required to explain if adequate protective gear and safety equipment had been provided to police personnel. The Chief Justice agreed that a standardized operating protocol for police action during protests was necessary, acknowledging that allegations of police excesses were not limited to Delhi and could be observed nationwide.

The court decided to hear all pending petitions on Tuesday, July 28, 2026, and promised a dispassionate examination of allegations of disproportionate police force usage and incidents of violence during protests.