2 minConstitutional Provision
Constitutional Provision

Public Order

What is Public Order?

Refers to the maintenance of peace and tranquility in society, ensuring the absence of disorder involving a number of persons. It is a state subject under the Seventh Schedule and a fundamental ground for imposing reasonable restrictions on certain fundamental rights.

Historical Background

The term 'public order' was included as a ground for reasonable restrictions on freedom of speech and expression (Article 19(2)) by the First Amendment Act, 1951, following concerns about the misuse of free speech to incite violence and disorder. It is distinct from 'law and order' and 'security of the state'.

Key Points

8 points
  • 1.

    Article 19(2) allows for reasonable restrictions on freedom of speech and expression in the interests of 'public order'.

  • 2.

    Article 19(3) allows restrictions on the freedom of peaceful assembly without arms in the interests of 'public order'.

  • 3.

    Entry 1 of List II (State List) of the Seventh Schedule includes 'Public order (but not including the use of any naval, military or air force or any other armed force of the Union in aid of the civil power)' as a subject for state legislation.

  • 4.

    The Supreme Court has distinguished 'public order' from 'law and order', stating that public order implies a graver and more widespread disturbance affecting the community at large, whereas law and order refers to minor breaches.

  • 5.

    Maintenance of public order is primarily the responsibility of state governments, which have powers to enact laws and take executive actions.

  • 6.

    Preventive detention laws (e.g., National Security Act, 1980) are often invoked by both central and state governments to maintain public order.

  • 7.

    Incitement to violence, communal disharmony, large-scale unlawful assemblies, and activities threatening social cohesion can fall under public order concerns.

  • 8.

    The state has a constitutional duty to protect its citizens and ensure a peaceful and stable environment for all.

Visual Insights

Public Order: Key Components

Mind map illustrating the key components of public order and its relationship with fundamental rights.

Public Order

  • Constitutional Basis
  • Legal Framework
  • Key Elements
  • Relationship with Rights

Recent Developments

5 developments

Increased concerns about social media's role in inciting public disorder through the rapid spread of misinformation, hate speech, and deepfakes.

Debates around the legality and proportionality of internet shutdowns as a measure to control public order during protests or communal tensions.

Government's intensified focus on combating fake news and deepfakes to prevent their potential to disrupt public order and social harmony.

Use of advanced technology (e.g., surveillance, data analytics) by law enforcement agencies to monitor and prevent public order disturbances.

Judicial scrutiny of the proportionality and necessity of measures taken by the state in the name of maintaining public order, especially concerning fundamental rights.

This Concept in News

3 topics

Kerala Minister Injured in Scuffle; CPI(M) Protests Public Health Collapse

26 Feb 2026

The incident involving the Kerala Health Minister demonstrates the practical application and challenges of maintaining public order in a democratic society. (1) It highlights the tension between the right to protest, a fundamental aspect of democracy, and the state's responsibility to ensure public safety and prevent disruptions. (2) The event applies the concept of 'reasonable restrictions' on freedom of assembly and expression, as the police attempted to manage the protest to prevent it from escalating into violence. (3) The news reveals the potential for political protests to turn violent, requiring law enforcement to make difficult decisions about the use of force and the limits of permissible protest activity. (4) The implications of this news for the concept's future include a renewed focus on police training and crowd control techniques, as well as a debate about the appropriate level of restrictions on protests. (5) Understanding the concept of public order is crucial for properly analyzing and answering questions about this news because it provides a framework for evaluating the actions of both the protesters and the authorities, and for assessing the broader implications for democratic governance.

Karnataka HC Orders Crowd Control SOP Enforcement Until New Law

24 Feb 2026

This news highlights the practical challenges of balancing fundamental rights with the need to maintain public order. The Karnataka High Court's order demonstrates the judiciary's role in ensuring that the state's actions are proportionate and reasonable. The incident that triggered the PIL petition – a stampede – underscores the potential for mass gatherings to quickly turn dangerous if not properly managed. This news reveals the importance of having clear SOPs and legal frameworks in place to guide law enforcement and event organizers. It also raises questions about the appropriate level of regulation for public assemblies and the potential impact on democratic expression. Understanding the concept of public order is crucial for analyzing this news because it provides the context for understanding the competing interests at stake and the legal principles that govern the state's response.

Jammu Bans Cross-Gender Massages Citing Public Order Concerns

13 Feb 2026

This news highlights the subjective nature of "public order" and how it can be interpreted differently by different authorities. What one administration considers a threat to public order, another might not. The news also demonstrates the tension between maintaining public order and protecting individual freedoms and economic activities. The ban on cross-gender massages, while intended to prevent immoral activities, could also affect the livelihoods of people working in the spa and massage industry. This news reveals that the concept of public order is not static and can evolve with changing social norms and values. Understanding the concept of public order is crucial for analyzing this news because it helps us understand the legal basis for the administration's actions, the potential impact on individual rights, and the broader implications for governance and social order. It also shows how easily the term can be misused to impose moral policing.

Source Topic

Kerala Minister Injured in Scuffle; CPI(M) Protests Public Health Collapse

Polity & Governance

UPSC Relevance

Important for UPSC GS Paper 2 (Polity and Governance), especially in questions related to fundamental rights, federalism, internal security, and the role of the state in maintaining peace. Understanding the distinction between public order, law and order, and security of the state is crucial.

Public Order: Key Components

Mind map illustrating the key components of public order and its relationship with fundamental rights.

Public Order

State List (Schedule VII)

Article 19(2): Reasonable Restrictions

National Security Act (NSA)

Code of Criminal Procedure (CrPC)

Preventive Detention

Role of Police

Reasonable Restrictions

Connections
Constitutional BasisLegal Framework
Legal FrameworkKey Elements
Key ElementsRelationship With Rights

This Concept in News

3 news topics

3

Kerala Minister Injured in Scuffle; CPI(M) Protests Public Health Collapse

26 February 2026

The incident involving the Kerala Health Minister demonstrates the practical application and challenges of maintaining public order in a democratic society. (1) It highlights the tension between the right to protest, a fundamental aspect of democracy, and the state's responsibility to ensure public safety and prevent disruptions. (2) The event applies the concept of 'reasonable restrictions' on freedom of assembly and expression, as the police attempted to manage the protest to prevent it from escalating into violence. (3) The news reveals the potential for political protests to turn violent, requiring law enforcement to make difficult decisions about the use of force and the limits of permissible protest activity. (4) The implications of this news for the concept's future include a renewed focus on police training and crowd control techniques, as well as a debate about the appropriate level of restrictions on protests. (5) Understanding the concept of public order is crucial for properly analyzing and answering questions about this news because it provides a framework for evaluating the actions of both the protesters and the authorities, and for assessing the broader implications for democratic governance.

Karnataka HC Orders Crowd Control SOP Enforcement Until New Law

24 February 2026

This news highlights the practical challenges of balancing fundamental rights with the need to maintain public order. The Karnataka High Court's order demonstrates the judiciary's role in ensuring that the state's actions are proportionate and reasonable. The incident that triggered the PIL petition – a stampede – underscores the potential for mass gatherings to quickly turn dangerous if not properly managed. This news reveals the importance of having clear SOPs and legal frameworks in place to guide law enforcement and event organizers. It also raises questions about the appropriate level of regulation for public assemblies and the potential impact on democratic expression. Understanding the concept of public order is crucial for analyzing this news because it provides the context for understanding the competing interests at stake and the legal principles that govern the state's response.

Jammu Bans Cross-Gender Massages Citing Public Order Concerns

13 February 2026

This news highlights the subjective nature of "public order" and how it can be interpreted differently by different authorities. What one administration considers a threat to public order, another might not. The news also demonstrates the tension between maintaining public order and protecting individual freedoms and economic activities. The ban on cross-gender massages, while intended to prevent immoral activities, could also affect the livelihoods of people working in the spa and massage industry. This news reveals that the concept of public order is not static and can evolve with changing social norms and values. Understanding the concept of public order is crucial for analyzing this news because it helps us understand the legal basis for the administration's actions, the potential impact on individual rights, and the broader implications for governance and social order. It also shows how easily the term can be misused to impose moral policing.