Can a UK-style judicial review mechanism save India from UAPA?
GS2Polity · Governance · IR· Judiciary & landmark judgments· Prelims + Mains·
Why in news
The Supreme Court highlighted the low conviction rate and lack of fair judicial review under the UAPA, prompting a debate on adopting a UK-style judicial review mechanism.
Background
The Unlawful Activities (Prevention) Act (UAPA) was enacted in 1967 to combat terrorism and unlawful activities. The UK's Proscribed Organisations Appeal Commission (POAC) serves as a model for independent review of organizations banned by the state.
Facts for Prelims
- Act / BillUAPA: Enacted in 1967 to provide for the prevention of unlawful activities and terrorism.
- BodyPOAC: A UK-based independent body that reviews the government's decision to proscribe organizations.
- FactUAPA is characterized by a historically low conviction rate despite high-profile arrests.
For Mains
Q. Critically examine the need for a structured judicial review mechanism for proscribed organizations under the UAPA to balance national security with the principles of natural justice.
Dimensions to cover in your answer
- Due process deficit: Lack of access to government evidence by proscribed entities hinders meaningful legal defense.
- Procedural safeguards: Need for independent legal advocates to ensure fair representation against state-led allegations.
Keywords: Natural Justice · Proportionality · Judicial Oversight · Due Process · Rule of Law
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This note is generated automatically from SatyaDheesh's news feed and mapped to the UPSC CSE syllabus. Check facts against the original report or PIB before using them in an answer.