Topic Details (Notes format)

Anti-Terror Laws: Constitutional Perspective

Subject: Polity

Book: Indian Polity by M. Laxmikanth

Focuses on laws like the Unlawful Activities (Prevention) Act (UAPA) and earlier TADA, POTA. They aim to curb terrorism but raise civil liberties questions under Articles 14, 19, 21. The judiciary examines pre-trial detentions, bail restrictions, and broad definitions of “terrorist acts.” Balancing national security with due process remains controversial. While courts uphold the principle that bail should not be unreasonably denied, the State justifies stringent provisions for credible terror threats. Debates revolve around potential misuse against dissenters or minority communities. Constitutional standards require proportional and necessary limitations, ensuring these laws do not compromise fundamental freedoms essential to a democracy.

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