Approached HC 104 times to hold rallies in West Bengal: BJP leader

The statement by BJP leader Suvendu Adhikari, claiming to have approached the Calcutta High Court 104 times to secure permission for rallies in West Bengal, offers a sharp insight into the challenges faced by opposition parties in certain states, and critically, the indispensable role of the judiciary in upholding democratic principles in India. This issue is not merely a localized political squabble but a reflection of broader themes concerning fundamental rights, federalism, and the rule of law.

**Background Context:** West Bengal has a long history of intense political competition, often marked by significant street politics and rallies. For decades, the Left Front government dominated, only to be supplanted by the Trinamool Congress (TMC) in 2011. In recent years, the Bharatiya Janata Party (BJP) has emerged as the principal opposition, leading to a highly polarized political landscape. Public rallies and assemblies are vital tools for political parties to mobilize support, convey their message, and demonstrate their strength, especially in a state with a strong tradition of political activism. Against this backdrop, denial of permission for such gatherings can be a significant impediment to an opposition party's outreach.

**What Happened:** Suvendu Adhikari, a prominent BJP leader and the Leader of the Opposition in the West Bengal Legislative Assembly, alleged that the state police routinely denied permission for his party's rallies. He claimed this was done with the deliberate intention of 'stifling opposition voices and crushing democratic rights'. Consequently, his party was compelled to repeatedly seek intervention from the Calcutta High Court to secure the necessary permissions. The High Court, in these instances, often granted permission, thereby facilitating the rallies that the state administration had initially denied. This pattern highlights a perceived executive overreach and a judicial corrective mechanism.

**Key Stakeholders Involved:**

* **Bharatiya Janata Party (BJP):** As the opposition party, their primary interest is to expand their political footprint, challenge the ruling TMC, and exercise their fundamental rights to free speech and assembly to engage with the electorate.

* **Trinamool Congress (TMC) / West Bengal Government:** The ruling party and the state administration, accused of utilizing state machinery, particularly the police, to restrict the activities of political rivals. Their stated interest would typically be maintaining law and order, but the allegations suggest a political motive.

* **West Bengal Police:** The law enforcement agency responsible for maintaining public order and granting permissions for public gatherings. They are at the forefront of implementing state directives and are often caught in the political crossfire, facing accusations of bias from the opposition.

* **Calcutta High Court:** The judicial body acting as the guardian of fundamental rights. Its interventions underscore its role in ensuring that the executive branch operates within constitutional limits and does not infringe upon citizens' liberties.

**Why this Matters for India:** This issue holds profound significance for India's democratic fabric. Firstly, it directly impacts the health of Indian democracy by raising questions about the fairness of the political playing field. In a multi-party democracy, the opposition must have the freedom to express dissent and mobilize support. When this is allegedly curtailed, it weakens democratic institutions. Secondly, it accentuates the critical role of the judiciary as a bulwark against executive excesses. The repeated interventions by the Calcutta High Court demonstrate judicial review in action, ensuring that fundamental rights guaranteed by the Constitution are not arbitrarily denied. This reinforces public trust in the judiciary as a protector of liberties. Lastly, it touches upon centre-state relations, as such disputes often become points of contention between state governments and a central government led by an opposing party.

**Historical Context and Constitutional Provisions:** The right to freedom of speech and expression (Article 19(1)(a)) and the right to assemble peaceably and without arms (Article 19(1)(b)) are cornerstones of India's Constitution. However, these rights are not absolute and are subject to 'reasonable restrictions' under Article 19(2) and 19(3) in the interest of public order, sovereignty, and integrity of India, among other grounds. The challenge often lies in determining what constitutes 'reasonable restrictions' and whether these restrictions are applied fairly and impartially. Historically, Indian courts have consistently upheld these fundamental rights, often intervening when state actions were deemed arbitrary or disproportionate. Landmark judgments like *Shreya Singhal v. Union of India* (2015) and *Anuradha Bhasin v. Union of India* (2020) have reinforced the scope and limitations of these freedoms. The High Courts, under Article 226 of the Constitution, possess extensive writ jurisdiction, enabling them to issue writs like Mandamus (commanding a public authority to perform its duty) to enforce fundamental rights, as demonstrated in these cases of rally permissions.

**Future Implications:** The repeated judicial interventions set a precedent for future political activities, potentially compelling state administrations to be more cautious and impartial in granting permissions for public gatherings. It also strengthens the resolve of opposition parties to seek judicial recourse when they feel their rights are being infringed upon. However, it also highlights a potential over-reliance on the judiciary for issues that ideally should be resolved through administrative fairness. The long-term implication could be a sustained focus on ensuring that police and district administrations act neutrally, adhering strictly to principles of law rather than political directives. This case also underscores the ongoing need for electoral reforms and administrative accountability to ensure a truly level playing field for all political actors.

This situation in West Bengal is a microcosm of the larger struggle to balance state power with individual and collective democratic rights, a balance that is continuously refined and re-evaluated by India's robust judicial system.