Contemporary Challenges And Constitutional Implications Of Anti-Terror Laws
- IJLLR Journal
- Aug 12, 2025
- 2 min read
Maryam Azhari, Faculty of Law, Aligarh Muslim University
Prof. Shakeel Ahmad, Faculty of Law, Aligarh Muslim University
Introduction
In the wake of rising global terrorism, states across the world have enacted stringent anti-terror laws to safeguard national security. India, with its geopolitical positioning and internal security challenges, has developed a robust legal framework to counter terrorism. However, the enforcement of these laws often leads to debates surrounding constitutional validity, human rights, and the balance between state power and individual freedoms. This paper seeks to review India's anti-terror legislation within the constitutional framework, analyze its evolution, and provide a contemporary perspective on the challenges it faces.
Terrorism, in its various forms, remains one of the most significant threats to global peace and security in the 21st century. The devastating impact of terrorist acts not only destabilizes governments but also deeply affects civil societies and economic stability. From the September 11 attacks in the United States to the Mumbai attacks in India and the bombings in London and Paris, terrorist activities have reshaped national security policies and provoked widespread public concern. In response, nations across the world have enacted comprehensive anti-terror laws aimed at safeguarding national security and ensuring public safety. However, the enactment and enforcement of such legislation often spark critical debates concerning the delicate balance between state security and the protection of constitutional rights and freedoms.
The legislative responses to terrorism vary across jurisdictions, reflecting unique historical experiences, legal traditions, and constitutional values. In liberal democracies, the need to address terrorism is juxtaposed against the imperative to uphold fundamental rights such as freedom of expression, privacy, and due process. This tension forms the crux of the discourse surrounding anti-terror frameworks and their compatibility with constitutional principles. While authoritarian regimes may prioritize national security over individual freedoms, democracies face the ongoing challenge of preventing terrorism without eroding the very rights and liberties they seek to protect.
