Prelude To Despotism In India: A Critical Examination Of The UAPA, 1967 And Its Implications On An Eroding Democracy And Constitutionalism
- IJLLR Journal
- Feb 1
- 1 min read
Dipyoman Mitra, KIIT School of Law, Bhubaneswar
ABSTRACT
India has been regarded as the world’s largest democratic nation which has adopted the lengthiest world. The democratic set up of India can be said to be no less than the reaction to the colonial experience faced by it during 18th century. The post-independent administrative and political discourse in India has however experienced a concerning trend of preserving colonial practices which ultimately cause an adverse impact and undermines the democratic promise which India enshrines under its constitution. These trends have often manifested in the form of draconian legislations leading to contemplation with respect to India’s resolve in maintaining the efficacies of democratic institutions and adherence towards principles of constitutionalism. This paper seeks to observe the adverse impact of the Unlawful Activities Prevention Act (UAPA), 1967 an anti-terrorism and preventive detention legislation on the democratic edifice of India and its connotations on the erosion of constitutionalism. It seeks to understand the intricate inter- relatedness of a democratic set up and constitutionalism, the socio-political circumstances behind formation of the legislation, and the operation of the legislation throughout the years which has led to abhorrent consequences on India’s sustainability of a constitutional democracy. This paper ultimately observes that the Unlawful Activities Prevention Act (UAPA), 1967 is indeed of draconian nature constituting a part of the larger trend of rise of despotism in India. The paper recommends that such legislations must be repealed with immediate effect and that under no grounds can civil liberties be infringed for the sake of some form of ‘national security’.
Keywords: Constitutional, Democratic, Liberties, Erosion, Rights, Edifice.
