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Q78 (CDS-II/2008) Polity & Governance › Judiciary › Judicial review Answer Verified

Holding a ‘Bandh’ was declared illegal for the first time in India by which one of the following High Courts ?

Result
Your answer: —  ·  Correct: C
Explanation

The Kerala High Court was the first in India to declare the holding of a 'Bandh' illegal and unconstitutional. In the landmark 1997 case, Bharat Kumar K. Palicha v. State of Kerala, the court ruled that calling for and enforcing a bandh violates the fundamental rights of citizens, particularly the right to move freely and carry on trade or business. The court distinguished a 'Bandh' from a general strike or 'Hartal', noting that the former involves an element of coercion that paralyzes public life [3]. This decision was subsequently upheld by the Supreme Court of India in November 1997 in the case of Communist Party of India (M) v. Bharat Kumar, making the ban applicable nationwide [3]. The judiciary utilized its power of judicial review to ensure that the collective rights of the public are not subservient to the claims of individual political groups [3].

Sources

  1. [3] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 34: High Court > fll Power of Judicial Review > p. 360
  2. [1] https://frontline.thehindu.com/the-nation/court-wants-law-on-hartals/article6586604.ece
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