India, July 30 -- There is a peculiar ritual in India whenever citizens protest. Before we scrutinise State action, the protester must first prove the legitimacy of his grievance, justify his methods, and validate his right to protest. The State responds with a familiar script: Barricades, batons, and tear gas. We have seen this play out with remarkable consistency in every major confrontation between citizens and the State in recent years: Jamia Milia Islamia, Jawaharlal Nehru University, Shaheen Bagh, Singhu border, Kashmir.

But constitutionally, that is the wrong question. A democracy allows citizens to dissent and protest. It is the State that must justify restricting it.

Articles 19(1)(a) and 19(1)(b) of the Constitution permit cit...