TN bandh: Supreme Court holds public right superior to individual

Oct 01: SC stayed TN bandh - DMK chief to go for fast

The apex court on Sunday stayed a statewide bandh called for Monday by the ruling DMK party in Tamil Nadu.

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The DMK demanding early completion of the much talked Sethusamudram project called for a bandh but the Supreme Court considering a petition filed by AIADMK restrained any bandh.

On Sunday, though it is usually an off day a Supreme Court Bench headed by Justice B N Aggarwal considering the grave concern of the matter and a special leave petition filed by the opposition AIADMK challenging the Sep 28 Madras High Court, stayed the bandh called on Monday or on any other day.

As the Madras High Court refused to interfere with a ruling party’s call for a bandh, the AIADMK had filed a SLP citing the bandh as unconstitutional. The bench after a long hearing and taking into account earlier judgments came to the conclusion that a bandh certainly unconstitutional as it violates the fundamental rights of citizens under Article 19 and 21 of the Constitution.

However, in protest against court’s judgement the DMK says that it will go for a hunger strike on Monday. So whether it’s a bandh or a hunger strike the common man is going to suffer as usual since the judgement is against the wish of a ruling political party.



From a common man’s point of view the Supreme Court did the right by holding public right superior to party’s or any individual. It was also not clear to the bench that why a political party calls for a bandh if it wants to demonstrate or raise voice for a national cause. A bandh only paralyzes everything without representing or without serving the exact purpose.

These days’ political parties have made it a routine to call for a bandh in every other issue. Demonstration should be allowed but in a productive way with public discussion and debate on the very issue. But as a bandh confines public in their home, it is unlikely to collect a healthy public opinion or the exact outcome. Again a bandh or strike should be confined to a particular place and not the whole state as it in many ways affects personal and public life thereby affecting our fundamental rights.

Though opposition parties have greeted the decission citing it as people’s victory but ruling parties including the communist have criticised SC’s judgement, as according to them it is in every right of a ruling party to organise protest on important public issues. But all political parties need to first understand the value of public opinion rather than displaying their power.