Gurudutt, University of Delhi & Apeksha Singh, Guru Gobind Singh Indraprastha University
Abstract
India has a long history of Preventive Detention and Counter terror laws from the Defence of India Act of 1858 to the National Security Act in 1980. The only period in the India without any preventive detention law was the three year period, beginning with the repeal of MISA in 1977 to the promulgation of the NSA in 1980. These laws of India have always been a subject of scrutiny and criticism. Even recent use of these laws to curb protests and dissent have been criticised heavily by many. While the misuse of these legislations remains a cause of concern, the constitutional validity of these laws has also been challenged several times before different courts of India.
In this paper, a critical analysis of 16 such judgements have been made, of the Anti-terror legislations passed from 1950 to 1980, which includes the Unlawful Assembly Prevention Act, 1967 and the National Security Act, 1980. A brief glance at pre –independence counter terror and preventive detention legislation has also being made. The focus is analysing the judicial approach/response towards these legislations when the very existence of these legislations were challenged.
