AIR 1998 SUPREME COURT 184 ::1997 AIR SCW 4147 ::(1998) 1 LS 10 ::1998 UJ(SC) 1 60 ::(1998) 3 CivLJ 1 ::1998 (1) SCC 201 ::(1997) 7 Scale 21(1) ::1998 All CJ 1 515 ::(1998) 1 AllMR 155 (SC) ::(1998) 92 FJR 514 ::(1998) 1 CTC 46 (SC) ::(1998) 1 Mad LW 406 ::(1998) 1 Mad LJ 99 ::(1997) 2 Ker LT 1007 ::(1998) 1 Raj LW 55 ::(1998) 1 Pat LJR 19 ::(1998) 1 ServLR 20 ::(1997) 9 Supreme 415

Supreme Court Of India

(From : Kerala)

Hon'ble Judge(s): J. S. Verma, B. N. Kirpal, V. N. Khare , JJJ

Constitution of India , Art.19— "Bandh" - There is no right to call or enforce "bandh" which interfere with exercise of fundamental freedoms of other citizens, in addition to causing national loss in many ways. The distinction drawn between a "Bandh" and a call for general strike or "Hartal" is well made out with reference to the effect of a "Bandh" on the fundamental rights of other citizens. There cannot be any doubt that the fundamental rights of the people as a whole cannot be subservient to the claim of fundamental right of an individual or only a section of the people. It is on the basis of this distinction it can be concluded that there cannot be any right to call or enforce a "Bandh" which interferes with the exercise of the fundamental freedoms of other citizens, in addition to causing national loss in many ways.