Analysing the Constitutional Validity of the National Security Act 1980

MOHAMMED HARRIS KURNOOLI

doi:10.36948/ijfmr.2024.v06i02.17773

Analysing the Constitutional Validity of the National Security Act 1980

Author(s)	MOHAMMED HARRIS KURNOOLI
Country	India
Abstract	This research paper aims to comprehensively analyse the constitutional validity of the National Security Act of 1980, examining its various provisions in light of the Indian Constitution and relevant legal precedents. The paper commences with an overview of the National Security Act of 1980, outlining its key provisions and objectives. It further discusses the historical context in which the act was promulgated, elucidating the reasons that led to its enactment. The focus then shifts towards a detailed examination of the constitutionality of the Act, particularly with regard to fundamental rights enshrined in the Indian Constitution. To assess the constitutional validity, the study employs a multi-faceted approach, including a thorough review of case law and precedents. The paper scrutinises the Act's compatibility with the fundamental rights guaranteed by the Constitution, such as the right to liberty, freedom of speech and expression, and the right to a fair trial. The research paper also explores the implications of the National Security Act on civil liberties, public dissent, and the delicate balance between national security and individual freedoms. It analyses landmark judgments from the Indian judiciary that have dealt with challenges to the Act's constitutionality. In conclusion, this research paper seeks to provide a comprehensive assessment of the constitutional validity of the National Security Act of 1980. The findings of this analysis are essential for understanding the legal and human rights landscape in India and for fostering discussions about potential amendments or reforms to ensure a balance between national security imperatives and individual freedoms.
Keywords	Preventive Detention, Violation of Rights, Arbitrary, Article 14 , Article 19
Published In	Volume 6, Issue 2, March-April 2024
Published On	2024-04-18
Cite This	Analysing the Constitutional Validity of the National Security Act 1980 - MOHAMMED HARRIS KURNOOLI - IJFMR Volume 6, Issue 2, March-April 2024. DOI 10.36948/ijfmr.2024.v06i02.17773
DOI	https://doi.org/10.36948/ijfmr.2024.v06i02.17773
Short DOI	https://doi.org/gtrfkh

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Analysing the Constitutional Validity of the National Security Act 1980

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