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Balancing Public Order and Civil Liberties: The Constitutional Challenges of Preventive Security Measures

GS3

The recent large-scale security mobilization and digital shutdowns in the national capital underscore the intensifying friction between administrative law-and-order mandates and the fundamental rights of citizens to protest.

On October 10, 2026, Delhi witnessed an extensive security apparatus deployment alongside widespread internet suspensions, aimed at pre-empting a planned political protest. This strategy, while justified by authorities under the rubric of maintaining public order and preventing potential instability, raises significant concerns regarding the proportionality of state interventions in a democratic setup. From a governance perspective, the state’s reliance on preemptive detentions and communication blackouts brings into sharp focus the ‘Doctrine of Proportionality.’ While the police and internal security agencies are mandated to prevent breaches of peace, such actions often border on infringing upon Article 19(1)(b) of the Indian Constitution, which guarantees the right to assemble peaceably and without arms. The suspension of communication networks further disrupts the economic and social life of citizens, creating a tension between the state's security obligations and the digital rights of the public.

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