AFSPA and Constitution

Publication Information

Journal Title: Journal of Legal Studies & Research
Author(s): Surya Chauhan
Published On: 07/07/2023
Volume: 9
Issue: 3
First Page: 259
Last Page: 262
ISSN: 2455-2437
Publisher: The Law Brigade Publisher

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Surya Chauhan, AFSPA and Constitution, Volume 9 Issue 3, Journal of Legal Studies & Research, 259-262, Published on 07/07/2023, Available at


Fundamental rights are considered as a part of basic structure of Indian constitution but there are laws inconsistent to the rights provided in our constitution, one such law is AFSPA (ARMED FORCE SPECIAL POWER ACT, 1958). The objective of this Act is to maintain ‘Public Order’. This law is inconsistent to Article 19 and 22 of constitution which provide right to freedom. During the colonial rule Lord Linglithow enacted this to suppress the quit India movement. This Act is considered arbitrary and have given immense power to the Army personnel. The areas which are notified by the central government like Jammu and Kashmir, and some districts of Assam, Arunachal, Manipur, and Nagaland. The constitutional validity of the AFSPA was challenged in Naga people’s movement of Human right VS UOI , the Apex court held the validity of the AFSPA.

Keywords: AFSPA, 42nd constitutional Amendment, Maneka Gandhi vs Union of India, International Covenant on Civil and political rights

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