Ban on RSS Would Be Unconstitutional, Says Former SC Judge Hegde

Dharwad (Karnataka): Former Supreme Court judge Santosh Hegde has declared that any attempt to ban the RSS would run counter to the Indian Constitution. Responding to questions about the reported move by the state government to outlaw the organisation, Hegde emphasised that the Constitution of India safeguards the right to form associations, and therefore a ban would be impermissible.  

Hegde accused the Congress government in Karnataka of using the “ban” threat as a political weapon. He warned that should the BJP return to power, there could be reciprocal action against the Congress, thus turning the matter into what he called a “game of bans”.  

The controversy was triggered after a senior minister in Karnataka wrote to the Chief Minister urging enforcement of rules to prevent government employees from attending RSS events, challenging a 2024 central government order which had lifted a ban on such participation.  

In his remarks, Hegde reiterated the constitutional principle that citizens have the right to form and join associations and organisations. He said: “The Constitution gives citizens the right and authority to form associations; therefore, any attempt to ban the RSS would be against the Constitution.”  

By raising these concerns, Hegde has added an important legal dimension to the debate surrounding the proposed ban. His comments highlight the tension between political manoeuvring at the state level and the broader legal protections for freedom of association enshrined in the Constitution.