Most political parties believe that there is a right to call a bandh, but are stultified by the courts’ bandh decisions, which are unprincipled and, in the case of the Supreme Court, unreasoned. The DMK bandh was complicated by political grounds. BJP opposed it on Ram Setu grounds. The Congress, was silent. The people of Tamil Nadu had a long weekend. No serious violence was reported.

The SC’s words in the DMK case on bandhs had an excessive quality to them. It decreed what it could not enforce totally. Its warning seemed inappropriate.

Over the years, president’s rule has been recognised as a subversive mini-emergency. To suggest that the court might declare a constitutional breakdown to invite president’s rule is not only predatory of the government’s power but a threat to constitutional wisdom. It is not for the Supreme Court to enter the political domain in this way. The words were orally expressed. But the gospel according to the Supreme Court is much too influential not to be menacing. For the Court to threaten use of its contempt powers is no solution.

The chief minister was on hunger strike (which is acceptable). His administration claims to have done whatever it could. Where do we go from here? The Supreme Court should have a serious look at its law of bandhs. It is intrinsically unconstitutional even though declared by the Supreme Court.

The writer is a senior lawyer