Between Security and Liberty: A Critical Analysis of National Security Laws in India

The tension between national security and the protection of fundamental rights remains a persistent challenge in constitutional democracies, particularly in India. This study critically examines the desirability and continued relevance of special national security laws alongside classical criminal law frameworks, while also addressing concerns regarding their misuse and procedural delays It traces the historical evolution of such laws like TADA, UAPA, NSA highlighting the socio-political contexts that necessitated their introduction. The research argues the inadequacy of classical criminal laws despite having provisions relating to national security and the need of national security laws. However, the study exposes the inherent vulnerabilities within these laws that enable their misuse, particularly in the form of arbitrary preventive detention suppression of dissent e.t.c. Through doctrinal analysis of statutory provisions and landmark judicial decisions, the paper underscores the judiciary role in upholding the constitutionality of such laws while also emphasizing safeguards against abuse. In this process, the study concludes that although national security laws are indispensable in the contemporary era, their application must be strictly regulated to prevent violation of human rights. In other words, it recommends institutional accountability, procedural safeguards and expedited judicial review mechanisms to strike a balance between state security and individual freedoms.