The Right to Strike, Hartal and Bandh
The Right to Strike, Hartal, and Bandh
1. The Right to Strike
Meaning:
A strike is a collective, organized cessation of work by employees to pressurize the employer for demands related to employment, wages, or working conditions.
It is a form of collective industrial action and a weapon of labor to assert their rights.
Is the Right to Strike Absolute?
The right to strike is not an absolute right; it is a conditional or qualified right.
It is subject to restrictions imposed by law or the contract between employer and employee.
The right is recognized as an essential part of freedom of association and labor relations but balanced against public interest and industrial peace.
Scope of the Right to Strike:
Typically allowed in disputes related to terms and conditions of employment.
Illegal strikes include those during pendency of arbitration or adjudication, or strikes not following prescribed procedures.
Strikes that cause serious public inconvenience or threaten public safety may be restricted.
Case Law:
🔹 Kameshwar Prasad v. State of Bihar (1962)
Facts: The court examined the constitutional validity of restrictions on the right to strike.
Held: The Supreme Court held that the right to strike is not a fundamental right under the Constitution but is an incidental right connected to the right to form associations.
The court said this right can be regulated and restricted in public interest.
Significance: Clarified that the right to strike is a qualified right subject to reasonable restrictions.
2. Hartal
Meaning:
Hartal is a form of protest involving the mass closure of shops and businesses and non-participation in normal activities.
It is often political in nature and is used to press for political demands or express public grievances.
Unlike a strike (which is work stoppage by employees), a hartal involves the general public and the closure of all activities.
Characteristics:
Typically called by political parties or social organizations.
A form of civil disobedience or mass protest.
May cause disruption to normal life but is non-violent in theory.
Case Law:
🔹 Kameshwar Prasad v. State of Bihar (1962) (same case)
The court held that hartals that cause obstruction of public order and cause large-scale inconvenience can be restricted.
It emphasized that hartals are not a fundamental right and can be prohibited to maintain law and order.
3. Bandh
Meaning:
A bandh is a total shutdown called by political parties, unions, or organizations where businesses, transport, and other activities are stopped.
It is more aggressive than a hartal and often enforced through coercion or threats.
Bandhs can involve violence, intimidation, and disruption of public services.
Characteristics:
Usually politically motivated.
Participants force others to shut down, unlike hartals which are voluntary.
Often result in public disorder and law enforcement action.
Legal View on Bandh:
Courts have consistently held that bandhs are illegal when enforced through coercion or cause disruption of public order.
Bandhs violate the right to free movement and business of citizens.
Bandhs called by political parties or organizations are not protected as a right.
Case Law:
🔹 Bangalore Water Supply and Sewerage Board v. A. Rajappa (1978)
Facts: The court dealt with industrial disputes and strikes but also commented on strikes and shutdowns.
Held: The court emphasized that strikes or shutdowns causing violence or obstruction of public services are not protected.
Significance: This reasoning extends to bandhs, which often cause obstruction and violence.
🔹 Indian Express Newspapers (Bombay) Pvt. Ltd. v. Union of India (1985)
The Supreme Court condemned bandhs as unconstitutional when they infringe on citizens’ rights and impose coercion.
Held that bandhs are illegal if enforced by coercion and disrupt public order.
Summary Table
| Aspect | Strike | Hartal | Bandh |
|---|---|---|---|
| Definition | Work stoppage by employees | Mass closure by public as protest | Total shutdown enforced forcibly |
| Participants | Employees | General public and businesses | Political parties, unions, general public |
| Nature | Industrial action | Political/social protest | Aggressive, coercive shutdown |
| Legality | Qualified right, regulated | Not a fundamental right, regulated | Often illegal if enforced coercively |
| Case Reference | Kameshwar Prasad (1962) | Kameshwar Prasad (1962) | Indian Express Newspapers (1985) |
Conclusion
The right to strike is a qualified right linked to labor disputes, subject to reasonable restrictions.
Hartals are public protests involving closures but not inherently illegal unless disruptive.
Bandhs, due to their coercive nature and disruption, are generally held to be illegal and unconstitutional when enforced forcibly.
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