Devnarayan Meena (Mohanlal Sukhadia University) has posted From ‘Cockroaches’ to Constitutional Citizens: Protest, Police Power and Judicial Review in India on SSRN. Here is the abstract:
The emergence of the youth-led Cockroach Janta Party, referred to in this article as the CJP, marks a significant development in the changing character of democratic protest in India. Originating as a satirical digital response to widely reported oral observations made during a Supreme Court hearing, the movement expanded into a broader platform expressing discontent over examination irregularities, paper leaks, unemployment, student distress and governmental accountability. The mobilisation of students and young citizens, the police response to demonstrations in Delhi, the use of surveillance technologies, restrictions on digital communication and the intervention of constitutional courts have converted what began as an online protest into a serious legal controversy. This article examines the movement through Articles 14, 19 and 21 of the Constitution of India. It distinguishes oral judicial observations from binding adjudication; analyses peaceful assembly, unlawful assembly and individual criminal responsibility; and evaluates police power under the Bharatiya Nagarik Suraksha Sanhita, 2023. It also considers artificial-intelligence-assisted surveillance, facial recognition, digital evidence and temporary suspension of internet services. The article situates Indian constitutional law within the international human-rights framework, particularly the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, General Comment No. 37 of the United Nations Human Rights Committee and the United Nations standards governing police force. It argues that Gen Z must be understood not merely as a demographic or a digital audience, but as an emerging constitutional actor. Digital mobilisation does not exempt protesters from criminal law; equally, public-order responsibility does not give the State an unrestricted licence to surveil, collectively punish or use disproportionate force. The constitutional answer lies in individualised responsibility, proportionate policing, transparent restrictions, preservation of evidence and effective judicial review.
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