Strikes cannot be unconstitutional: Supreme Court
April 01, 2017The Supreme Court on Friday rejected to entertain a PIL that alleged that political organisations were resorting to hartals to deceive repeated judicial pronouncements banning strike and bandh calls, which hampered normal life.
A bench of judges said, & quot Hartals can never be unconstitutional. Right to protest is a valuable constitutional right. “
Having failed to convince the bench to entertain the PIL, the petitioner decided to withdraw the plea.
The Kerala high court in a case had said that the calling of a bandh involves the restriction of free movement of the citizen and his right to carry on his avocation and if the legislature does not make any law either prohibiting it or curtailing it or regulating it then it is the duty of the court to step in to protect the rights of the citizen so as to ensure that the freedom
However, over the years, the courts have not clarified the difference between strike, bandh and hartal.
A bench of judges said, & quot Hartals can never be unconstitutional. Right to protest is a valuable constitutional right. “
Having failed to convince the bench to entertain the PIL, the petitioner decided to withdraw the plea.
The Kerala high court in a case had said that the calling of a bandh involves the restriction of free movement of the citizen and his right to carry on his avocation and if the legislature does not make any law either prohibiting it or curtailing it or regulating it then it is the duty of the court to step in to protect the rights of the citizen so as to ensure that the freedom
However, over the years, the courts have not clarified the difference between strike, bandh and hartal.
OUR TAKE
Our constitution provides for the Right to Protest so as to make citizens more aware and vigilant and not to accept anything blindly. Its not at all wrong to fight for what its worth provided we do not cross the line. Individuals need to have a sense of confidence and courage to stand and speak up against the corruption prevailing.
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