Which High Court in India was the first to declare the calling of a bandh as illegal?

Difficulty: Easy

Correct Answer: Kerala High Court

Explanation:


Introduction / Context:
A bandh is a form of protest where normal public life, transport, and economic activity are attempted to be brought to a halt. Over time, courts in India have had to examine whether such calls are consistent with constitutional rights and public order. The decision of the first High Court to declare bandhs illegal is an important landmark in Indian constitutional law and is frequently tested in general studies and law entrance examinations.



Given Data / Assumptions:

  • The question asks which High Court first declared bandhs illegal.
  • Options include High Courts from different regions of the country.
  • We assume a basic awareness that this ruling came from a southern state High Court.


Concept / Approach:
The Kerala High Court was the first in India to hold that bandhs are illegal and unconstitutional. The court reasoned that a bandh, as distinct from a simple strike or peaceful protest, involves coercion and a general shutdown that infringes the rights and liberties of ordinary citizens who may not want to participate. This decision influenced later judgments and policies across other states. Remembering Kerala as the origin of this important judicial stand helps in eliminating other options that may seem plausible.



Step-by-Step Solution:
Step 1: Recall that the pioneering judgment declaring bandhs illegal came from a southern High Court known for its strong stand on public rights.Step 2: Connect this with the Kerala High Court, which delivered a widely cited decision on this subject.Step 3: Consider that Allahabad, Gujarat, Rajasthan, and Delhi High Courts have also given important decisions but were not the first in this specific context.Step 4: Eliminate the other options as later or different rulings unrelated to the first declaration of bandhs as illegal.Step 5: Conclude that Kerala High Court is the correct answer.


Verification / Alternative check:
To verify, one can refer to standard compilations of important judgments or exam guides that summarise public interest litigation and protest related cases. These sources consistently mention the Kerala High Court as the first court to declare that calling and enforcing a bandh is illegal and unconstitutional. The reasoning emphasised that such actions interfere with the freedom of movement, trade, and occupation of non participants, thereby justifying the judicial intervention.



Why Other Options Are Wrong:
Allahabad High Court, Gujarat High Court, Rajasthan High Court, and Delhi High Court have handled many major cases, but they did not deliver the first landmark ruling that declared bandhs illegal. Some later judgments from other courts may have followed or expanded on the Kerala decision, yet the pioneer judgment was from Kerala. Therefore, while these courts are important, they do not match the specific historical fact asked in the question.



Common Pitfalls:
Learners sometimes guess Gujarat High Court or Delhi High Court because of recent media reports or because they are familiar with those names. Others confuse bandhs with general strikes or road blockades and mix up different judgments. A useful strategy is to remember that Kerala High Court is often highlighted in exam material as the first to take a strong stand against bandhs, and to link that association firmly in memory.



Final Answer:
Kerala High Court

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