Jantar Mantar De-notified as Protest Site: Who Decides Where Protests Can Be Held in Delhi? Explained

The Delhi Police has officially de-notified Jantar Mantar as a designated protest site, marking a major change in how demonstrations will be regulated in the national capital. Going forward, protests will primarily be permitted at Ramlila Maidan, Burari Ground, and CBD Ground in East Delhi, following recommendations made by a committee constituted by the Ministry of Home Affairs (MHA).

The decision has triggered widespread debate over the constitutional right to protest, the powers of the Delhi Police, and the distinction between law and order and public order under Indian constitutional law.

This article explains what has changed, who decides where protests can be held in Delhi, and what the Supreme Court has said about the right to peaceful assembly.

Why Has Jantar Mantar Been De-notified?

On October 12, 2026, the Delhi Police issued a notification removing Jantar Mantar from the list of officially designated protest venues.

According to the notification:

• The decision follows recommendations of a committee constituted by the Ministry of Home Affairs (MHA).

• Future demonstrations will be allowed at:

  • Ramlila Maidan

  • Burari Ground

  • CBD Ground (East Delhi)

• A revised Standard Operating Procedure (SOP) for organising protests at these venues will be issued separately.

The move comes amid heightened security measures in central Delhi, including barricading and restrictions under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Why Are Designated Protest Sites Created?

Governments designate specific protest sites to balance two competing interests:

• The constitutional right to peaceful protest.

• Public convenience, traffic management, security, and residents' rights.

Instead of banning protests altogether, authorities identify locations where demonstrations can take place under regulated conditions.

Previously:

• Jantar Mantar accommodated approximately 1,000 protesters.

• Ramlila Maidan could host nearly 50,000 people.

Organisers seeking permission to protest at Jantar Mantar had to apply 10 days in advance under the earlier regulatory framework.

Who Decides Where Protests Can Be Held in Delhi?

The power primarily rests with the Delhi Police, which functions under the Ministry of Home Affairs (MHA).

Unlike other states, public order, police and land are not subjects under the legislative authority of the Delhi Legislative Assembly.

Constitutional Position

Article 239AA(3)(a) of the Constitution provides that the Delhi Legislative Assembly can make laws for the National Capital Territory except matters relating to:

• Public Order

• Police

• Land

These subjects fall under the control of the Union Government through the Ministry of Home Affairs.

Accordingly, the Delhi Police regulates:

• Permission for protests

• Conditions for demonstrations

• Crowd management

• Designated protest venues

What Does Article 19 Say About the Right to Protest?

The Constitution guarantees citizens:

• Article 19(1)(a): Freedom of speech and expression.

• Article 19(1)(b): Right to assemble peacefully without arms.

However, these rights are not absolute.

Under Article 19(2) and Article 19(3), the State may impose reasonable restrictions on specified grounds, including:

• Public order

• Sovereignty and integrity of India

• Security of the State

• Public morality

Importantly, "law and order" is not expressly listed as a constitutional ground for restricting these rights.

Law and Order vs Public Order: What Is the Difference?

The Supreme Court has repeatedly distinguished between law and order and public order.

Although these expressions are often used interchangeably in public discourse, they have different legal meanings.

Supreme Court: Ram Manohar Lohia v. State of Bihar (1966)

This landmark judgment introduced the famous "three concentric circles" doctrine.

The Court explained:

• The largest circle represents law and order.

• Inside it lies public order.

• The smallest circle represents security of the State.

The Court observed that:

An act may disturb law and order without affecting public order.

For example:

• A fight between two individuals may disturb law and order.

• A large-scale disruption affecting the community may disturb public order.

Supreme Court: In Re: Ramlila Maidan Incident (2012)

The Supreme Court further clarified that:

• Restrictions imposed merely to maintain law and order must interfere as little as possible with fundamental rights.

• Restrictions justified by public order may permit a greater degree of regulation because they concern society at large.

The Court also observed that:

Every breach of peace does not amount to a disturbance of public order.

What Have Legal Experts Said?

Senior Advocate Gopal Sankaranarayanan has explained that:

• Law and order generally concerns localised disturbances, such as road blockages or isolated fights.

• Public order involves disturbances affecting the wider public, such as disruption of transport systems or public services.

He has also argued that:

• Law and order alone is not a constitutional ground to restrict freedom of speech.

• Police cannot independently invoke public order without statutory authority.

• Restrictions must be backed by a valid law authorising such action.

Constitutional expert Professor G. Mohan Gopal has argued that peaceful dissent is essential to democracy and that protest restrictions must always be tested against constitutional guarantees.

Can the Government Designate Protest Sites?

Yes.

The Supreme Court has recognised the government's power to regulate protest locations.

However, it has also made clear that this power is not unlimited.

Himat Lal K. Shah v. Commissioner of Police, Ahmedabad (1972)

The Supreme Court held:

• Authorities may require prior permission for public meetings on streets.

• However, the State cannot completely prohibit public assemblies on every public street or public place.

Thus, regulation is permissible, but an absolute prohibition is unconstitutional.

Mazdoor Kisan Shakti Sangathan v. Union of India (2018)

This important judgment directly dealt with demonstrations at Jantar Mantar.

Petitioners argued that shifting protests entirely to Ramlila Maidan would reduce their effectiveness because it is located far from the country's principal government institutions.

The Supreme Court accepted that protests derive significance from their proximity to centres of governance.

However, it also held that:

• Rights of residents must be balanced.

• Traffic concerns must be considered.

• Particular areas may be earmarked for demonstrations.

The Court therefore allowed a limited portion of Jantar Mantar Road to continue being used for regulated protests by smaller groups.

What Does the New Decision Mean?

With Jantar Mantar no longer recognised as an official protest venue:

• Demonstrations are expected to shift primarily to Ramlila Maidan, Burari Ground and CBD Ground.

• Future protests will be governed by a revised SOP to be issued by Delhi Police.

• The decision may influence how future demonstrations are organised in the national capital.

At the same time, constitutional questions regarding the balance between public order and the right to protest are likely to remain subjects of judicial scrutiny.

The de-notification of Jantar Mantar marks a significant development in the regulation of public demonstrations in Delhi.

While authorities argue that designated protest sites help maintain public order and civic convenience, the Constitution protects the right of citizens to assemble peacefully. Over the years, the Supreme Court has consistently held that this right can be regulated but not extinguished, emphasising that restrictions must be reasonable, proportionate and grounded in law.

As Delhi adopts new protest venues and regulatory procedures, the debate over balancing civil liberties with public administration is expected to continue.

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Frequently Asked Questions (FAQs)

Q1. Why was Jantar Mantar de-notified as a protest site?

Answer. The Delhi Police stated that the decision followed recommendations made by a committee constituted by the Ministry of Home Affairs. Future protests will be held at Ramlila Maidan, Burari Ground and CBD Ground.

Q2. Who controls protest permissions in Delhi?

Answer. The Delhi Police regulates protest permissions because police and public order in Delhi fall under the Ministry of Home Affairs under Article 239AA of the Constitution.

Q3. Does the Constitution guarantee the right to protest?

Answer. Yes. Articles 19(1)(a) and 19(1)(b) guarantee freedom of speech and the right to assemble peacefully, subject to reasonable restrictions.

Q4. What is the difference between law and order and public order?

Answer. According to the Supreme Court, law and order relates to local disturbances, while public order concerns disturbances affecting the community or society at large.

Q5. Can the government ban protests completely?

Answer. No. The Supreme Court has held that while authorities may regulate protests and designate specific venues, they cannot impose a blanket prohibition on peaceful public assemblies.

Q6. Which Supreme Court judgments are most relevant to protest rights?

Answer. Important judgments include Ram Manohar Lohia v. State of Bihar (1966), Himat Lal K. Shah v. Commissioner of Police (1972), In Re: Ramlila Maidan Incident (2012), and Mazdoor Kisan Shakti Sangathan v. Union of India (2018).