Right To Associate With Political Parties, Being Actively Involved In Politics Protected Under Article 21: Delhi High Court

The Delhi High Court has observed that the right to associate with political parties and being actively involved in politics is protected under Article 21 of the Constitution of India. Justice Saurabh Banerjee said that any interference or coercion by anyone with such a right strikes at the core of individual liberty and safety. “Article 21 of the Constitution of India guarantees all persons the fundamental right to life and personal liberty, which encompasses in itself the autonomy/ liberty to make personal choices which include the right to be associated with any political party and actively be involved in politics in a manner a citizen deems fit. Any form of interference and/ or coercion from/ by anyone with those, strikes at the core of individual liberty and safety,” the Court said.The judge passed the order while directing the Delhi Police to provide necessary protection to an advocate who alleged continuous and recurring threats to his life from his political rivals. According to the lawyer, threats were first extended to him in 2016, following which a case was registered at Harsh Vihar Police Station. Though the matter was initially settled after assurances from the accused persons, the threats allegedly resumed after one of the accused was released from jail in 2022. The lawyer claimed that he received a WhatsApp call threatening to kill him if he did not withdraw from politics. He further alleged that the FIR was registered under provisions of the Arms Act after rival party members continued to intimidate him, including by posting photographs and videos on social media showing them firing guns. He also raised concerns over suspicious persons allegedly surveying his residence late at night in December 2025. Granting relief to the lawyer, the Court observed that Article 21 not only protects life and personal liberty but also includes the autonomy to make personal choices, such as the right to associate with a political party and participate in political activities. “The petitioner herein is also well and truly entitled for protection under Article 21 of the Constitution of India,” the judge said. The Court thus directed the SHO and the Beat Constable of Police Station Harsh Vihar to remain available and provide all necessary assistance and protection to the lawyer as and when required, in accordance with law. The Court further clarified that if the lawyer shifts residence to another police station's jurisdiction, he must inform the concerned SHO, who would then be obligated to extend similar protection. Title: VIKAS PUNDHIR v. STATE OF NCT OF DELHI & ORSClick here to read order

Right To Associate With Political Parties, Being Actively Involved In Politics Protected Under Article 21: Delhi High Court

Nupur Thapliyal

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