Is 'Bandh' Constitutional or Unconstitutional in India?

Abstract

“Bandh” is a Hindi word which means “closed.” In India it has become a norm for political parties and organizations to call for 'Bandh's (shutdown) when they want to be heard. Political parties consider that it is their fundamental right to call public shutdown to exploit a political or a sensitive issue and to gain attention. It is a form of protest which is used by political parties in India. “Bandh” are powerful means for civil disobedience.In “Bandh” the affected are the general people. It disrupts the normal life of the general people. It causes loss to private property and injury to the health of general people. The main affected parties are the shopkeepers. The transport systems are also disturbed. It affects general people’s normal life. They can’t move freely as they wish. “Bandh” is unconstitutional as they interfere with our fundamental rights. Political parties and organizations forcibly close shops and halt public transport. People observe these protests on account of fear. Therefore, the success of any such protests cannot be attributed to public opinion as it may not have been observed voluntarily. The opinion of general people is not taken into the account.