Peaceful protest is an accepted democratic instrument through which citizens express dissent, hold governments accountable, and seek policy reforms. Protests in constitutional democracies are usually organized against governmental actions or inactions. But there is a special constitutional dilemma when the Government or those acting under executive powers themselves issue a call for protest. Can the Government constitutionally organize protests? Is it a means for promoting democracy or indicates the failure of constitutional governance? These questions acquire special importance in the constitutional framework of Jammu & Kashmir. 

This issue is not whether the government or their elected representatives have freedom of expression that is at stake. The constitutional question is whether the kind of executive responsibility is consistent with the idea of representation and constitutional accountability. “The Constitution does not expressly mention a right to ‘protest.’” Yet the right to peaceful protest forms part of the freedoms under Articles 19(1)(a) and 19(1)(b) and 19(1)(c) of the Constitution which protect the freedom of speech and expression, peaceful assembly and association which allows the people to participate in public debate even outside the sphere of elections. These freedoms, however, are not absolute. The legality of a peaceful protest also has to be understood in the context of constitutional morality. Dr. B.R. Ambedkar repeatedly emphasised that the success of a Constitution lies not only in its provisions but also in the constitutional morality of the........

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