Students have the fundamental right to protest: An analysis in the light of recent RRB-NTPC result controversy

Recently, In Bihar, for the last 3-4 days, there have been incidents of youth and students stopping trains and blocking railway tracks at different Railway stations. 

- RAJU KUMAR

The protest is regarding the RRB NTPC Result. Protest is being increased day by day. In many places, police have used force to tackle the situation and many police case has also been registered against more than 500 protesters. Despite such things, there have also been demonstrations in Patna, Arrah, and Nalanda. The protest has also caused problems to the general public as many trains have been diverted and many are running late.

The protesters contend that according to the RRB NTPC Recruitment notification, CBT-1 is just a screening test. Its marks will not be added to the main examination. Further, RRB had to declare qualified candidates 20 times of the total posts zone-wise. But considering the number of posts in different slots by RRB, 20 times the candidates have been declared qualified for each slot separately.

This has caused a conflict between the state and the students. In this article, we will see whether the students have a fundamental right to protest or not?

CONSTITUTION AND THE RIGHT TO PROTEST

Article 19 of the Indian constitution provides the freedom of speech and expression. Although, the 'Right to protest' has not been provided as an explicit right under the Fundamental rights. However, it has been derived from the Freedom of speech and expression under Article 19.

Article of Indian Constitution reads as “Protection of certain rights regarding freedom of speech etc. (1) All citizens shall have the right (a) to freedom of speech and expression; (b) to assemble peaceably and without arms; (c) to form associations or unions; (d) to move freely throughout the territory of India; (e) to reside and settle in any part of the territory of India; and (g) to practise any profession, or to carry on any occupation, trade or business.