Court orders removal of barricades and withdrawal of Section 163 during CJP protests
GS2Polity · Governance · IR· Judiciary & landmark judgments· Prelims + Mains·
Judicial review of executive powers and fundamental rights: a key GS2 topic on public order vs. freedom of movement.
Why in news
The Supreme Court ordered the removal of barricades and withdrawal of Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Background
A bench of Justices Joymalya Bagchi and V Mohana issued the order. The court issued notices to the Delhi Police, the Union Home Secretary, and Gyanesh Kumar regarding alleged irregularities.
Facts for Prelims
- Act / BillSection 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, relates to the power to impose restrictions on assembly.
- BodyDelhi Metro Rail Corporation (DMRC) is the body seeking normal movement during the protests.
- PostThe Union Home Secretary was issued a notice by the Supreme Court regarding the protest situation.
Prelims practice question
With reference to the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, consider the following statements:
- Section 163 of the BNSS relates to the power to impose restrictions on assembly.
- The Delhi Metro Rail Corporation (DMRC) is the body seeking normal movement during the protests.
- The Supreme Court ordered the withdrawal of Section 163 during the CJP protests.
Which of the statements given above is/are correct?
- (a)1 only
- (b)1 and 3 only
- (c)2 and 3 only
- (d)1, 2 and 3
Show answer
Answer: (d) 1, 2 and 3 — Statements 1, 2 and 3 are correct.
For Mains
Q. Examine the balance between the state's power to impose restrictions on public assembly and the fundamental right to freedom of movement under the BNSS, 2023.
Dimensions to cover in your answer
- Judicial oversight: Balancing executive discretionary powers under BNSS with individual liberties
- Administrative friction: Coordination between Delhi Police and DMRC during large-scale public protests
Keywords: Judicial Review · Public Order · Fundamental Rights · BNSS 2023 · Executive Discretion
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This note is generated automatically from SatyaDheesh's news feed and mapped to the UPSC CSE syllabus. Check facts against the original report or PIB before using them in an answer.