Topic: Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
Q3. Anti-terror laws like UAPA, designed for national security, risk becoming tools of political repression. Evaluate the constitutional concerns and judicial responses in this context. (10 M)
Difficulty Level: Medium
Reference: NIE
Why the question:
Growing criticism of UAPA’s misuse amid recent high-profile detentions has raised debates on its constitutional validity and judicial balancing between security and rights.Key Demand of the question:
Examine how UAPA raises constitutional concerns like violation of fundamental rights and analyse the nature of judicial responses addressing these challenges.Structure of the Answer:
Introduction:
Briefly state the tension between national security objectives and protection of constitutional rights under UAPA.Body:
- Constitutional concerns: Violation of free speech, presumption of guilt, excessive detention, chilling effect on civil society, weakening habeas corpus safeguards.
- Judicial responses: Protection of dissent, evolving bail jurisprudence, limited constitutional scrutiny, recommendations for institutional safeguards.
Conclusion:
Stress the need for legal reforms and stronger judicial review to ensure national security laws remain compatible with constitutional values.
