The Controversy Over Salwa Judum: Justice B. Sudershan Reddy’s Landmark 2011 Verdict and Amit Shah’s Political Attack

When Union Home Minister Amit Shah recently criticized the INDIA bloc’s Vice-Presidential nominee, Justice (Retd.) B. Sudershan Reddy, over the 2011 Salwa Judum verdict, it stirred a fresh debate on constitutional values, tribal rights, and political accountability. Shah’s claim—that by outlawing Salwa Judum, Reddy “ended the right of self-defence of tribals” and kept Naxalism alive—encapsulates a larger conflict between state strategies and fundamental rights. Let’s unpack the legal, historical, and political dimensions.

1. What Was Salwa Judum?

1. Origin & Purpose: Launched in 2005 in Bastar and Dantewada (Chhattisgarh), Salwa Judum (“peace march” in Gondi) was a state-backed militia formed to combat Maoist (Naxalite) insurgency. It primarily included tribal youths trained as Special Police Officers (SPOs).
2. Controversies: The movement was plagued by grave human rights violations—including child soldier recruitment, burning of villages, and forced displacement. Over 600 villages were destroyed, and hundreds of thousands of tribal people were displaced.
3. Criticism: Rights groups, led by Nandini Sundar and others, filed petitions in the Supreme Court. They argued that the government’s policy of arming civilians violated Articles 14 (equality) and 21 (life & liberty) of the Constitution.

2. The 2011 Supreme Court Judgment by Justice Reddy

1. On 5 July 2011, a two-judge bench—including Justice B. Sudershan Reddy and Justice S. S. Nijjar—delivered a historic ruling, declaring Salwa Judum unconstitutional.
2. The Court found that employing tribal youths as SPOs constituted an abdication of the State’s responsibility to maintain a professional police force, and violated Articles 14 and 21.
3. It directed immediate disbanding of the militia, disarming of SPOs, and cessation of any support to such vigilantism.

3. Amit Shah’s Recent Attack: “Protecting Naxals”

In an exclusive ANI interview on August 22, 2025, Amit Shah accused Justice Reddy of “protecting Naxals” by eliminating the “right of self-defence” for tribals. According to Shah, this move prolonged Naxalism when it was “breathing its last.”

Shah framed Salwa Judum as a people-driven movement for tribal security—now dismantled by the Supreme Court.

4. Pushback from Legal Community & Bastar Voices

1. Retired judges—including justices A.K. Patnaik, M.B. Lokur, Kurien Joseph, and others—issued a public statement calling Shah’s remarks a “prejudicial misinterpretation” of the verdict. They emphasized that the judgment neither supports Naxal ideology nor undermines constitutionalism.
2. Chhattisgarh Deputy CM Vijay Sharma noted that people in Bastar resent Reddy’s nomination due to trauma following the judgment’s implementation. Many questioned how Reddy could be their representative when they blame the verdict for heightened Naxal attacks.

5. Broader Legal and Political Implications

1. Constitution vs Expediency: The judgment reaffirmed that the State cannot outsource security to untrained civilians—even with “good intentions”—if it compromises constitutional norms.
2. Judicial Independence: The pushback from senior jurists underlines the importance of preserving judicial authority from political misrepresentation.
3. Electoral Politics at Play: The dispute reflects deeper ideological battles—between upholding human rights versus prioritizing aggressive counter-insurgency tactics.

Justice B. Sudershan Reddy’s 2011 ruling remains a pivotal moment in Indian jurisprudence, reaffirming constitutional safeguards for vulnerable communities. While Amit Shah portrays the verdict as enabling Naxals, the legal fraternity and affected residents persistently challenge that narrative. The debate is far from over—and it could shape both public perception and the political fortunes of the Vice-Presidential race.

For additional background on Justice Reddy’s legal philosophy and his nomination by the INDIA bloc, you can revisit our earlier analysis here:

Read: B Sudarshan Reddy—INDIA bloc’s nominee for Vice President of India.