“Under which law?” Calcutta High Court questions EC over 72-hour bike ban

A sharp legal confrontation unfolded at the Calcutta High Court as it questioned the Election Commission of India over its decision to restrict motorcycle movement 72 hours before polling in the West Bengal Assembly Election 2026. During the hearing, the court asked the Commission to clarify under which law it imposed such sweeping restrictions, raising concerns about interference with citizens’ fundamental rights.

The Commission defended its decision by citing security concerns, arguing that motorcycles are often used in election-related violence and by so-called “bike gangs.” It referred to past incidents, including violence during previous elections, and said the restrictions were implemented after consultation with police and central forces. However, the court remained unconvinced, questioning whether any standard operating procedure or legal framework supports such a near-complete ban on personal mobility.

The bench specifically challenged the Commission’s reliance on Article 324 of the Constitution, stating that its powers are not absolute and cannot override basic freedoms. It questioned the practical implications of the order, asking how ordinary citizens such as private tutors or small workers would justify their need to travel during the restricted period.

The state government and senior legal representatives also opposed the move, arguing that the Commission had exceeded its authority. They maintained that no constitutional body can act beyond legal limits or curtail fundamental rights without clear statutory backing. The Commission, in response, claimed that state authorities were aligned with the decision, a point that was contested during the hearing.

The court also referred to similar restrictions in other states that were struck down earlier and sought data on enforcement during the previous phase, including bike seizures and complaints filed. After extensive arguments, the High Court reserved its judgment and directed the Commission to submit a detailed affidavit explaining the legal basis of its decision, leaving the final outcome on the controversial bike ban pending.