The Madras High Court, in a recent hearing, has upheld the right of political parties to organize protests and campaigns, as it addressed a public interest litigation (PIL) against the Dravida Munnetra Kazhagam (DMK)’s signature campaign opposing the National Eligibility cum Entrance Test (NEET). The bench, comprising Chief Justice SV Gangapurwala and Justice D Bharatha Chakravarthy, emphasized that such a right could only be curtailed if it contravened public policy.
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The PIL, filed by Advocate ML Ravi, challenged the campaign titled “NEET Vilaku, Nam Ilakku” (Abolishing NEET is our goal), initiated by Tamil Nadu Sports and Youth Development Minister Udayanidhi Stalin. The campaign aims to amass 50 lakh signatures over 50 days to advocate for the abolition of NEET, with plans to present the signatures to President Draupadi Murmu.
Advocate Ravi’s contention was that NEET had been legally enacted and its challenges had reached a conclusive end. He argued that a Minister, as an enforcer of the law, should not engage in protests against established legislation. Ravi further contended that while the Constitution allows for protests, a Minister should demonstrate true faith and allegiance to the Constitution and the law.
Additionally, Ravi raised concerns about the campaign’s influence on students, suggesting that it could disrupt their academic focus and create a false impression that NEET preparation was unnecessary, potentially jeopardizing their future opportunities.
The court, however, questioned the direct impact of the campaign on Ravi and subsequently directed him to deposit one lakh rupees. Following this directive, Ravi informed the court of his intention to withdraw the plea.
The court’s oral remark during the hearing was clear:
“A person may launch a campaign against anything. How can you oppose that? If a particular party wants to agitate against something, they have the right to do that. You can’t have a problem with that. But if a decision is taken, which according to you is against the public policy then you can challenge that. There should be a limit to filing these petitions.”
This ruling signifies a reaffirmation of the democratic principle that allows political parties to engage in campaigns and protests, a fundamental aspect of political expression and agitation, within the bounds of public policy.
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