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The Bombay High Court in a recent decision has observed that public holidays is not a fundamental right of the citizens. The High Court was hearing a plea by a resident of Dadra and Nagar Haveli to declare August 2 as a public holiday to commemorate its liberation from the Portuguese in 1954.

Rejecting the plea, the High Court bench of Justice G.S. Patel and Justice Madhav Jamdar held that it is time to reduce public holidays in India rather than increase their numbers.

The Writ Petition sought for an order in the nature of a writ declaring the government notification notifying holidays for year 2022 is bad and illegal to the limited extent of not declaring as public holiday 02.08.2022 which is the Liberation/Independence Day of Dadra & Nagar Haveli. 

2nd August 1954 was the date when the Union Territories of Dadra and Nagar Haveli gained “Liberation/Independence” from Portuguese rule and became part of the territory of India. From 1954 to 2020, 2nd August was permitted as a public holiday on account of Liberation or Independence. This was discontinued on 29th July 2021.

The petitioners have argued that if other similar date as 15th August can be declared as public holiday for national Independence then there is no reason why 2nd August should not be declared a public holiday for Dadra & Nagar Haveli. 

Rejecting the plea te Bench observed that "whether or not to declare a particular day as a public holiday or an optional holiday or no holiday at all is as a matter of government policy. There is no legally enforceable right that can be said to have been infringed."

The Bench further observed that nobody has a fundamental right to a public holiday. "As it is, we have far too many public holidays in this country. Perhaps the time has come to reduce, not increase, the number of public holidays," the Bench concluded. 

Kishnabhai Nathubhai Ghutia & Anr  V. The Hon’ble Administrator Union Territory & Ors