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

Pradeep Kumar Tripathi
Advocate at Allahabad High Court, India.
Varalika Nigam
LL.M. from National University of Study and Research in Law, Ranchi, India.

Volume IV, Issue I, 2021

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.