Is calling for the holding of bandh illegal and unconstitutional?
As per the Supreme Court, a bandh interferes with the exercise of the Fundamental freedoms of other citizens, in addition to causing national loss in many ways. The Fundamental Right of the people as a whole cannot be regarded as subservient to a claim of Fundamental Rights of an individual, or of a section of the people. The Supreme Court has now declared the reason why bandh should be banned. In the name of hartal or bandh or strike o person has any right to cause inconvenience to any other person or to cause in any manner a threat or apprehension of risk to life, liberty, property of any citizen or destruction of life and property, and the least to any government or public property. In James Martin v. State of Kerala the Supreme Court pointed out that it was high time that the authorities concerned took serious note of this requirement while dealing with those who destroy public property in the name of strike, hartal or bandh. Any soft or lenient approach for such offenders would be an affront to the rule of law and challenge to public order and peace.