An Analysis Of Unlawful Activities Prevention Act, 1967 In The Light Of Constitutionalism In India

Priyanka K Roy, BA LLB, Christ Deemed to be University, Bengaluru

ABSTRACT

The criminal jurisprudence in India is drastically deviating from its earlier principles. The recent trend of criminalizing specific offenses in the country shows a consistent violation of citizens' civil liberties. One such domain of criminal law in India is that of national security laws. The role played by the State in these laws goes beyond their conventional role of implementation to that of designing the structure of such laws. While the research paper focuses on analysing the country's national security law namely the Unlawful Activities (Prevention) Act, 1967 in the light of constitutionalism, it examines the relationship of the State vis-a-vis its citizens and the State's relative position with respect to the different branches of the government. In doing so, the author ascertains the extraordinary power veiled by the executive compared to other government organs, namely the legislature and the judiciary. As a consequence, thereof, the executive power permeates into determining what amounts to crime in a society. The author establishes that the criminalization and prevention of particular activities in such a law, result from the State's unbridled power. The research paper relies on newspaper articles, blogs, journal articles, books, editorials, and case laws to establish the need for restructuring the present principles of Constitutionalism with specific reference to the Unlawful Activities (Prevention) Act, 1967.

Keywords: Constitutionalism, power, executive, the Unlawful Activities (Prevention) Act, 1967.