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Article Vol. 4 No. 1 (2021) PP. 499 - 509

Revisiting National Security Laws in India & Reconciling the Differences with Civil Liberty

Lead author · Corresponding
Pradeep Kumar Tripathi
Advocate at Allahabad High Court, India
Co-author
Varalika Nigam
LL.M. from National University of Study and Research in Law, Ranchi, India
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Abstract

This article aims at examining the national security legislations in India which have been the apple of discord between the forerunners of human rights and the guardians of the nation. A discussion on the history and the Constituent Assembly Debates helps in comprehending the rationale behind embodying the national security laws. The objective of this article is to test the validity of these laws on the whetstone of the Constitution. The issue of keeping them out of the scope of judicial review has also been addressed. Reports of SAHRDC on security laws in India have been cited to understand the atrocities that have committed against humanity in the name of securing the borders. The powers of the executive have led to the enhancement of abuse of power on human rights. Amidst this uproar, the Supreme Court through a series of judgements like the Modern Dental College and Anuradha Bhasin judgements has successfully struck a balance between the national securities and civil liberties. Certain reformative steps have been included as suggestions for humanizing the existing laws.

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International Journal of Law Management and Humanities, Volume 4, Issue 1, Page 499 - 509
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CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLMH 2026
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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