Balancing Fundamental Rights And National Security In India
- IJLLR Journal
- Jun 7
- 1 min read
Pranjal Kumar Pranao, B.A.LL.B. (Hons.), University of Allahabad
ABSTRACT
The Constitution of India establishes fundamental rights as the cornerstone of its democratic structure, protecting essential freedoms such as speech, expression, association, and personal liberty. Nevertheless, the imperative of national security especially in a diverse and populous nation like India often requires limitations or reasonable restrictions on these rights. This paper critically explores the complex relationship between individual liberties and the State's obligation to uphold internal stability, sovereignty, and public order. It examines constitutional articles such as 19, 21, and 22, interpreting their development through significant Supreme Court rulings including A.K. Gopalan v. State of Madras, Maneka Gandhi v. Union of India, and K.S. Puttaswamy v. Union of India. Additionally, the study investigates recent legislative changes, such as the Unlawful Activities (Prevention) Act (UAPA), the National Security Act (NSA), and recent internet shutdowns, illustrating how these measures have tested the delicate balance between freedom and security. By comparing with other democratic nations and considering judicial principles like the doctrine of proportionality and the reasonableness test, the paper advocates for a national security approach that respects rights. It concludes by stressing the importance of transparency, judicial oversight, and democratic accountability to ensure that the safeguarding of national security does not serve as a justification for undermining the core principles of constitutional democracy.
