The Supreme Court of India on Monday declined to grant an interim injunction blocking a planned march by the Civil Jamiatul Ulama-e-Hind (CJP), a coalition of Islamic scholars and civil society activists, while the federal government simultaneously filed an urgent application seeking the court’s extraordinary powers under Article 142 of the Constitution to invalidate criminal complaints lodged against protesters involved in demonstrations stemming from the NEET-UG examination controversy.
A three-judge bench headed by Chief Justice Surya Kant heard urgent submissions from both sides during an emergency hearing that drew significant courtroom attendance. The court’s decision to deny interim relief against the march but schedule full hearings on the government’s substantive petition for September 1, 2026, reflects a careful balancing act between constitutional rights to peaceful assembly and state interests in maintaining public order ahead of a major international summit.
During proceedings, Chief Justice Kant delivered a pointed message to all parties involved in the upcoming demonstration. “Both the protesters and the law enforcement agencies must respect and honour the laws of the land,” the Chief Justice stated, directing that demonstrations proceed within legal boundaries while urging police authorities to exercise restraint and proportionality in any enforcement actions.
The convergence of these two legal battles before India’s highest court highlights the intense political atmosphere surrounding the approaching BRICS Summit, scheduled to take place in India later this year. The grouping of major emerging economies—Brazil, Russia, India, China, and South Africa—will draw global leaders and extensive international media attention to New Delhi, prompting both civil society organizations seeking visibility and a government eager to project stability.
The government’s move to invoke Article 142 represents an extraordinary legal maneuver that, if granted, would see the Supreme Court exercise its broadest constitutional powers to summarily dispose of multiple first information reports (FIRs) registered against individuals accused of participating in violent demonstrations following the NEET-UG national entrance examination controversy earlier this year. The examination, which serves as the primary gateway to undergraduate medical education across India, has been engulfed in allegations of question paper leaks, answer key tampering, and unfair advantage for certain candidates at coaching hubs.
Protesters took to the streets across multiple cities following revelations that Grace marks awarded to approximately 1,600 candidates had disproportionately benefited students from a particular coaching center in Karnataka. The resulting demonstrations, while largely peaceful, included sporadic incidents of stone-throwing, damage to public property, and confrontations with police in several states including Bihar, Rajasthan, and Delhi.
What Happened
The Supreme Court’s Monday order emerged from an urgent petition filed by the Ministry of Home Affairs seeking to prohibit the CJP’s planned demonstration, which organizers describe as a “march for justice and constitutional rights.” The government argued that the timing of the march—just days before the BRICS Summit—posed significant security and diplomatic risks, given that international delegations would already be arriving in the capital and that the demonstration route would pass near venues likely to host summit-related events.
CJP representatives, represented by senior advocate Fuzail Ahmad Ayyubi, countered that the right to peaceful assembly is a fundamental right guaranteed under Article 19(1)(b) of the Constitution and that prohibiting the march would constitute unconstitutional prior restraint on speech and expression. The organization submitted detailed security protocols and proposed route modifications to address government concerns, suggesting alternative pathways that would avoid areas with summit-related activities.
After hearing extensive arguments from both sides, the bench—which also included Justices Dipankar Datta and Satish Chandra Sharma—refused to grant an interim injunction against the march but simultaneously issued notices to respondents and scheduled comprehensive hearings for September 1. The court also directed the Delhi Police and central security agencies to coordinate with CJP organizers to ensure the demonstration proceeds peacefully.
Separately, the government’s Article 142 application, filed through the Solicitor General of India, seeks to quash at least 47 FIRs registered across nine states in connection with NEET-UG related protests. The application argues that many of these criminal complaints were filed using overly broad charges under sections of the Indian Penal Code relating to unlawful assembly, criminal intimidation, and mischief, and that continued prosecution of these cases would serve neither justice nor the educational interests of young students caught up in the criminal justice system.
Why It Matters
The dual developments before the Supreme Court carry significant implications for the balance between civil liberties and state authority in contemporary India, particularly as the country prepares to host an international summit that will command global attention.
The CJP march case tests the limits of governmental authority to restrict fundamental rights in the name of international diplomacy and public order. Legal experts watching the proceedings note that while governments routinely impose reasonable restrictions on public gatherings during major events, a blanket prohibition absent specific threats would represent an unprecedented expansion of executive power over constitutional rights.
“The Supreme Court’s refusal to grant an interim injunction is significant because it signals judicial unwillingness to suspend constitutional rights based solely on the convenience of international diplomacy,” said Professor Meera Chandrasekhar, a constitutional law expert at the National Law School of India University. “However, the court’s scheduling of early hearings on the substantive issues shows it is taking both the government’s security concerns and the protesters’ rights seriously.”
The Article 142 application raises equally consequential questions about the appropriate scope of the Supreme Court’s most sweeping power. Article 142(1) states that “the Supreme Court shall, in the exercise of its jurisdiction, have power to pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it.” The provision has historically been invoked to address systemic injustices that fall outside ordinary judicial remedies, including the cleanup of the Ganga River and the allocation of spectrum for mobile telecommunications.
Using Article 142 to wholesale quash criminal cases represents a more aggressive deployment of that power. Government lawyers argue that the continued prosecution of student protesters—including many who were merely participating in peaceful demonstrations—threatens to criminalize legitimate dissent and damage the educational prospects of young people whose careers remain unresolved due to the ongoing NEET-UG controversy.
Civil liberties advocates counter that selectively nullifying FIRs through executive petitions to the Supreme Court sets a troubling precedent that could be weaponized against other protest movements, particularly those involving marginalized communities or minority populations. Several human rights organizations have sought to intervene in the proceedings to present alternative perspectives on the government’s application.
Background and Context
The NEET-UG examination, administered by the National Testing Agency (NTA), has been a flashpoint for student anger and public debate throughout 2026. The controversy began when investigations revealed that answer keys distributed to examination centers contained discrepancies, and the subsequent decision to award compensatory grace marks to thousands of candidates sparked allegations of favoritism and corruption.
The resulting protests drew participation from medical students, coaching industry workers, and opposition political parties who alleged that the government’s handling of the examination crisis demonstrated administrative incompetence and potential corruption. Demonstrations in several cities turned violent, with police employing lathi charges and tear gas to disperse crowds. Multiple FIRs were registered against unnamed and named defendants, with charges including sections 143 (unlawful assembly), 341 (wrongful restraint), 353 (assault on public servant), and 427 (mischief causing damage).
The CJP, while not directly connected to the NEET-UG protests, has emerged as a vocal critic of government handling of various issues affecting minority communities, including educational policies, law enforcement practices, and civil rights protections. The organization submitted that its planned march would highlight concerns about rising communal tensions, economic inequality, and what it described as systematic erosion of constitutional guarantees.
The upcoming BRICS Summit adds considerable complexity to the legal proceedings. India is hosting the summit for the first time since 2021, and the government has invested substantial diplomatic resources in organizing what Prime Minister Narendra Modi has described as a defining moment for South-South cooperation and multipolar world order. Chinese President Xi Jinping, Russian President Vladimir Putin, Brazilian President Luiz Inácio Lula da Silva, and South African President Cyril Ramaphosa are among those expected to attend.
Security arrangements for the summit are extensive, with the Delhi Police and central agencies operating under heightened alert protocols. The government has justified restrictions on public gatherings in certain areas during the summit period, though officials have maintained that lawful protests remain permitted in designated zones.
What to Watch Next
The September 1, 2026 hearing will represent the next critical juncture in both legal battles. The Supreme Court’s treatment of the Article 142 application will be closely watched by legal practitioners, civil society organizations, and political observers who see the case as a potential inflection point for judicial approaches to executive requests for extraordinary relief.
The CJP march itself is scheduled to proceed despite ongoing legal proceedings, with organizers confirming that preparations continue. Police authorities have indicated that they will deploy additional security personnel along the demonstration route while maintaining communication with march coordinators. Any outbreak of violence or significant security incident could dramatically alter the legal landscape and potentially trigger new court proceedings.
Beyond the immediate legal proceedings, the NEET-UG examination controversy itself remains unresolved. The government has announced plans for a re-examination for affected candidates, though implementation has faced delays and legal challenges. The ultimate resolution of examination questions and the fate of thousands of students whose medical career aspirations remain in limbo will likely continue to generate political controversy and potential future litigation.
The broader implications for civil liberties in India during periods of international attention also warrant continued scrutiny. Human rights organizations have documented patterns of heightened surveillance, restriction of press freedom, and selective enforcement against dissenting voices during major international events. Whether the Supreme Court’s engagement with these issues produces meaningful precedent or merely case-by-case adjudication will shape accountability journalism coverage in the months ahead.
Sources for this article reported on the Supreme Court proceedings, the government’s legal applications, statements from CJP representatives, and commentary from constitutional law experts and civil liberties advocates. Details regarding specific charges in the FIRs, the precise route of the proposed march, and security arrangements were obtained from court filings and official statements.
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Story synopsis gathered from: The Hindu – National — source
