A political party in a state called for a “Bundh”. A public interest litigation was filed against this. The political party claimed that the right to call for a “Bundh” is the fundamental right of a political party under Art. 19(1) (a) and (b) of the constitution Decide.
In Communist Party of India (M) vs.Bharat Kumar and others, the Supreme Court held that calling for and holding of ‘Bundh’ by political party or organization is unconstitutional and is hence illegal as it violates the fundamental rights of the citizens guaranteed by Articles 19 (1) (a) and 21 of the Constitution in addition to causing national loss.
The Court said that it has sufficient jurisdiction to declare calling of a Bundh and holding of it is unconstitutional especially because Bundhs are not in the Nation, but tend to regard the progress of the Nation by leading to National loss of production.