A Revisit to AFSPA: Tracing the Constitutional Conflict

The Armed Forces (Special Powers) Act, commonly referred to as AFSPA has been a major tool for government to supress insurgencies and uprisings in the so called ‘Disturbed Areas’ areas of the nations which comprises different states and areas of North East such that presently, it remains operational in Assam, Nagaland, Manipur (except Imphal Municipal area), three districts namely Tirap, Changlang and Longding of Arunachal Pradesh and the areas falling within the jurisdiction of the eight police stations in the districts of Arunachal Pradesh and bordering the State of Assam. It is undenied that such a legislation advances the need of maintaining the integrity of the nation which is of utmost importance in country as diverse as India. However, maintenance of integrity ought not be seen as an excuse to enact laws which are in blatant breach of legal principles of rule of law, Proportionality and natural justice which have also been given a Constitutional ratification as of today. It is highlighted that the Supreme court had an opportunity to take into consideration the legalities of the said act in the case of Naga People’s Movement of Human Rights v. Union of India but it proved to be a failed opportunity. Hence, in line with the same, the authors would deal with those provisions of AFSPA which seems to contravene to the above said principles along with taking into consideration the judgement of Supreme Court in Naga People’s Movement case to analyse the way supreme court failed to look at such provisions from a conflicting angle while upholding their validity. Furthermore, the Authors will also quote the various national and international committees which has analysed the act to understand their viewpoint as well.