The order of the Kerala High Court prohibiting political parties from giving a call for bandh is being criticised by a few political leaders/parties as an interference with the exercise of their fundamental right. The truth is, calling for bandh is a fundamental wrong as it interferes with the exercise of fundamental right of millions of citizens. They cause great hardship and suffering. Bandhs are forced on the people and consequently every bandh is associated with violence resulting in loss of public and private property and injury to individuals.

Response to bandh by way of closing of shops and business houses is not voluntary. It is not out of love but on account of fear. There is no fundamental right conferred under any article of the Constitution on individuals or political parties to prevent the exercise of fundamental right by the citizens.

Bandh is nothing but an unconstitutional and coercive method, and also undemocratic. In fact, bandh, which had been given the name of Hartal during the struggle for freedom, was entirely different in quality and purpose. That method used to have the whole hearted support of the people, and moreover, it was being used for a sacred cause of securing freedom for Bharat Mata and was being used against alien rulers. After the commencement of the Constitution, there are many constitutional methods to be resorted to in support of any demand or cause, such as filing of public interest petitions before the courts, taking out peaceful processions, holding public meetings and passing resolutions and using the most powerful weapon, namely the press, which represents Loka Shakti.

It is appropriate to recall what Ambedkar had said in the Constituent Assembly on November 29, 1949, while speaking in support of the resolutions for adoption of the Constitution. After referring to various methods used in the course of struggle for freedom such as hartals, cutting of telegraph wires, road blocking, removing fish plates of rails and such other methods, which were being used in a fight against an alien ruler as Apadharma, he had said:

``If we wish to maintain democracy not merely in form, but also in fact, what must we do? The first thing in my judgment we must do is, to hold fast to constitutional methods of achieving our social and economic objectives .... Where constitutional methods are open, there can be no justification for those unconstitutional methods. These methods are nothing but the Grammar of Anarchy and the sooner they are abandoned, the better for us''.

Unfortunately, his words of wisdom are being obeyed in its breach. Unconstitutional methods are being adopted not only outside legislatures but also inside the legislatures. The loss caused by such methods to the nation's economy has been enormous. In his article, Code of Conduct for Parties, Pandit Deen Dayal Upadhayaya on September 4, 1961, also had pleaded for giving up all coercive methods. He suggested for adoption of a common code of conduct by all political parties:

``There is need also of evolving a code of behaviour by the political parties with regard to the means that they would follow for influencing the decisions of the Government. Our political and public life today is an extension of the freedom struggle. Therefore, people generally consider it legitimate to take recourse to all those means which we employed against the alien rulers... Let the Government and all the political parties which believe in democracy come to an agreed code in regard to the expression of the people's views about particular issues''.

No such agreed code of conduct has been evolved. I am of the view that the order of the Kerala High Court directing bandh of bandhs is most welcome and timely. It protects the fundamental rights of helpless citizens. Instead of attacking the judgment, it is appropriate and in national interest if an agreed code of conduct is formulated and followed by political parties both inside and outside the legislature. It would be a silver line in the Golden Jubilee Year of our freedom and democracy.

The writer is former chief justice of Punjab & Haryana High Court

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.