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Balancing Fundamental Rights And National Security In India




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.


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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