Opinion | The Line Between Dissent And Disorder: Why Rule Of Law Must Anchor Democratic Protest

The right to dissent is fundamental. So is the principle that no one, however 'viral' their cause, is above the law.

The Cockroach Janta Party (CJP) protests may have formally ended, but an important debate has only just begun.

It is no longer about the resignation of the Union Education Minister or the politics surrounding the NEET paper leak controversy. It is about something far more fundamental to any constitutional democracy: can criminal liability arising from protests be settled through political negotiations, or must it ultimately be determined by the courts?

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The answer should be straightforward. In a democracy governed by the rule of law, no individual, organisation or movement is above the law. That principle applies equally to governments, political parties, police personnel—and protesters.

This distinction has unfortunately been blurred in recent weeks. Following the government’s assurance that no adverse legal action would be taken against peaceful protesters, some have suggested that all legal proceedings arising from the protests should simply disappear. That is neither what the law requires nor what the Supreme Court has held.

The Court instead drew the distinction every constitutional........

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