Introduction
Law is a system of rules, norms, and regulations meant for society’s organized well-being. It deals with the number of elements of society. It can be called an instrument of society making. Society making is a complex process of balancing several aspects like politics, administration, and other controlling processes. The role of law in all of these elements is pivotal. So, the law is an inevitable concept of society in all times, i.e., the past, present, and future.
There are different type of rules, among which we are concerned about politics, which has a more significant influence over the rest of the elements.
Law and Forms of Governance
Law varies according to the type of governance present in the state. For example, the law can be very rigid and supreme in autocracy. In contrast, law can be flexible and citizen-centric in democracy. Democracy is free and flexible. But this law is what acts as a watchdog despite its fragile nature of democracy.
- In autocracy: law tends to be rigid and supreme.
- In democracy: law is flexible and citizen-centric.
It’s hard to maintain the nature and essence of law in a democracy. That too, in the largest democratic state like India, it’s too hard and complex to sustain with ordinary law.
Need for Extraordinary Laws
This whole concept of extraordinary laws comes up, when it comes to the maintaining law and order within this largest democracy with a diversity of cultures. Because in Indian democracy, it is impossible to tackle law and order problems using ordinary laws.
It is because of its secular disadvantages like disputes between cultures, religions resulting in unrest among society.
| Aspect | Impact on Law |
|---|---|
| Cultural diversity | Leads to complex law and order situations |
| Religious differences | Results in social unrest |
| Political influence | Affects governance values and ethics |
Extraordinary laws got their prominence because of their impact and influence on contemporary politics. Further, these influential politics affecting the whole system of governance in terms of values, ethics and nature of governance, etc.,
Indian Democracy – Extraordinary Laws
Indian democracy is unique in the world because of its wide secular nature. Framing laws to this type of country is a complex job. Because the laws should be framed in the view of the diversity of cultures, apart from these ordinary laws, it’s quite complex to manage with the extraordinary laws. Because it’s hard to balance the secular spirit, human rights, and maintaining law and order, each of these aspects has a vital role in sustaining these extraordinary laws. Especially when it comes to the secular spirit, where the diversity of religion, caste, class, etc., and their balance becomes important, these extraordinary laws intervene the harmony. That intervention could be positive or negative based on that particular instance about which we will discuss at the end of this paper. And also, the key principles of democracy like “Individual rights, the rule of law and checks and balances” of all the democratic aspects describes the role and nature of the nature of extraordinary laws with respect to Indian democracy. It might get a clear picture of extraordinary laws as a multidimensional concept if we look through the lens of all these principles.
Core Democratic Principles
- Individual Rights
- The Rule of Law
- Checks and Balances
Individual Rights
In a democracy, it is the matter of rights that comes to the picture. Because it is the citizen-centric form of governance that believes good governance is possible by conserving the rights of the individuals. But in this context of extraordinary laws, this conservation of rights becomes questionable. Extraordinary laws are designed in such a way that they can suspend these rights in the process of dealing with extraordinary situations like maintaining law and order. Maintaining law and order in normal situations can be dealt with in ordinary laws. But during extraordinary situations that can damage national integrity should have something else than ordinary. It should go beyond the rights for the conservation of national integrity. So, this is the point where it comes to the necessity of extraordinary laws.
The Rule of Law
This principle of democracy is a wholesome concept involved in every aspect of democratic rule. Because it is the only thing that legitimizes every single decision taken in democratic rule, which we call “law.” In this context of extraordinary laws, without this Rule of law, one cannot deal with those with extraordinary situations. This Rule of law provided legitimacy as security for the sustenance of these extraordinary laws. But the same Rule of law can question role of rights. So, such an important role has to play by this Rule of law in framing and implication of extraordinary laws.
Checks and Balances
This principle can be said to be the principle of the conundrum. Because it always takes the side to that particular situation. It makes the decision clear by leaving us confused. Extraordinary laws always have this conflict between conserving rights and conserving national integrity. This conflict can be dealt with using this principle of checks and balances of democracy because it verifies the pros and cons of that particular situation and conflict of the conservation mentioned above. So that is why we find different stances whenever there is a conflict between rights and laws.
Summary of Principles and Their Roles
| Principle | Role in Democracy | Impact on Extraordinary Laws |
|---|---|---|
| Individual Rights | Protects citizens and ensures good governance | May be suspended during extraordinary situations |
| The Rule of Law | Legitimizes all democratic decisions | Provides legal security for extraordinary laws |
| Checks and Balances | Balances power and resolves conflicts | Helps evaluate conflicts between rights and national integrity |
Extraordinary Law in Indian Constitution
There is an extraordinary law enacted in the Indian Constitution, which can also be said to be the basis for later extraordinary lawmaking. Article 22(3) of the Indian Constitution, which is known as preventive detention, is the extraordinary law that we talked about. This provision refrains from the protection against arrest and detention, given under Article 22(1) and (2). This provision is an exception to those laws/articles. This provision is made and inserted in the Constitution on the grounds of national security to conserve public order and other national affairs that are likely to get damaged in the absence of this provision.
Concept of Preventive Detention
According to this preventive detention, if the detention is imposed, that particular person loses the fundamental rights given by Articles 19, 20, and 21. Preventive detention overpowers those rights. That is why it is said to be an extraordinary law in the Constitution.
Impact on Fundamental Rights
| Article | Right Affected | Status Under Preventive Detention |
|---|---|---|
| Article 19 | Freedom of Speech and Movement | Overpowered |
| Article 20 | Protection in Respect of Conviction | Overpowered |
| Article 21 | Right to Life and Personal Liberty | Overpowered |
Basis for Future Extraordinary Laws
All these provisions are not of their first kind, and they gave a free hand in designing other extraordinary laws later. So, we can partially admit that this extraordinary law in the Constitution became the basis for making extraordinary laws like:
- POTA
- UAPA
- NSA
Use as Justification for Extraordinary Laws
Furthermore, this very provision itself is being used as a legitimate argument against the critics of extraordinary laws.
Some ‘Extraordinary Laws’ in India
Anti-terror laws and other sedition laws are the major extraordinary laws in India. Various acts have been framed under these laws. Among those, we could deal with the important acts like TADA (Terrorism and Disruptive Activities Act), POTA (Prevention of Terrorism Act), UAPA (Unlawful Activities Prevention Act), NSA (National Security Act), PSA (Public Safety Act).
TADA: Terrorism and Disruptive Activities (Prevention) Act 1985
Terrorism and Disruptive Activities (Prevention) Act 1985, the first anti-terror law of India, was made in the context of the Khalistan separatist movement. In this movement, many Khalistan separatist activists and supporters tended to become dangerous anti-nationals by doing some destructive activities and disturbing law and order. So, to stop all these on immediate grounds, the government decided to give an ordinance called TADA. Under this ordinance, the government can impose detention on anyone and penalize the terrorist (person who performed those unlawful acts against the nation) to the death penalty.
This ordinance was made temporary for two years validity. But amid debate to sustain and refrain this ordinance, it was successfully extended as a law every two years from 1987. Till then, this act has its operation in one state and two union territories. But by the 1990s, it was extended to the whole nation, and many cases were filed, and jurisprudence happened under this act. It was finally expired in the year 1997.
POTA: Prevention of Terrorism Act 2001
Prevention of Terrorism Act 2001 was enacted as a part of an international agreement on terrorism which was initiated by the US and United Nations Security Council. After 1997, there is no proper law or measure taken for the country’s security from terrorism. There were many debates related to bail, confession issues happened on this law, and even there was a joint sitting happened for the sustenance of this act. Finally, between these debates, it was repealed as a law in the year 2004 under the UPA government.
UAPA: Unlawful Activities Prevention Act, 1967
Unlawful Activities Prevention Act, 1967 is an old act of ordinance which was renewed as an extraordinary law in 2004. This is the regular extraordinary law that can be imposed on the grounds of threat to national unity and integrity.
Procedural Differences Under Extraordinary Laws
Remand and trial, under these laws, are different from the other criminal procedures acts and laws, which makes these laws extraordinary. Article 22(2) of the Constitution is the basis for extended remand, detention, sedition, bail of these acts and laws. Preventive detention, sedition law (124 A) comes under these laws.
There can be a prolonged remand/detention under these laws when it is compared to normal criminal procedure laws or acts. TADA and POTA get exceptions from ordinary law and extends the rights of IPC (Indian Penal Code).
Comparison of Detention Periods
| Law | Normal Detention Period | Extended Detention |
|---|---|---|
| Normal Criminal Procedure | Maximum of 60 days | Bail possible within a short period |
| TADA | 60 days | Up to 1 year, and another 1 year if necessary |
| POTA | 60 days | 30 days, then 90 days, another 90 days, and 180 days under special circumstances |
Confession Procedures
Confession under the normal criminal procedure, i.e., under Section 26 & 27, the Indian Evidences Act states that there shouldn’t be any confession made to the police without court or magistrate orders.
But under these extraordinary laws like POTA and TADA, the confession procedure should be carried in front of the SP cadre officer with a compulsory recording of confession, which includes the statement of consent of the accused.
Judicial Guidelines and Review Committees
In this context, the Supreme Court gave the Kartar Singh vs. State of Punjab case as suggestive guidelines to follow while dealing with these extraordinary laws.
Review committees are there to review and look after the entire procedures that happen under these laws. These committees can be formed on the orders of special courts that are formed to deal with these cases of extraordinary laws.
National Security Act (NSA)
The National Security Act was enacted in the year 1980 during the regime of Indira Gandhi. As per this law, government (state or central) can detain a person on the grounds of threat to national security and integrity.
Detention Powers Under the Act
This law has the power to detain a person in jail for 12 months as a suspect without any charge. It is also known as Rasuka. This act would be imposed on any person in India. It can detain that person to prevent him/her/them from damaging the nation’s integrity and damaging the social harmony among communities.
This provision of keeping the detained person in jail for 12 months without any legal charge makes this act powerful and extraordinary.
Role of the Executive Officer
Under this act, the executive officer of this act can captivate a person for five days without reason, just based on being a suspect, and can also extend the captivation period of the suspect to 10–12 days under special circumstances.
- Initial detention: 5 days without giving reasons
- Extended detention: 10–12 days under special circumstances
- Maximum detention: 12 months without any formal charge
Legal Rights and Restrictions
In fact, during the trial of this act, that detained person does not have access to get any legal aid from any legal practitioner without the permission of the advisory panel constituted by the state/central government to deal with these cases.
This extraordinary law completely overpowers individual and human rights. If any innocent got sued under this act, there is no way other than spending 12 months in jail.
Criticisms and Controversy
Critics argue that this act is the Indian’s Rowlatt Act comparing this with the British Rowlatt Act.
Another notable critique is that the stats of this act could not find in NCRB (National Crime Records Bureau). Based on this critic we can understand how controversial extraordinary the law is!
Key Features of the National Security Act
| Feature | Description |
|---|---|
| Year of Enactment | 1980 |
| Maximum Detention | 12 months without charge |
| Legal Aid | Not allowed without advisory panel permission |
| Applicability | Any person in India |
| Major Criticism | Compared to British Rowlatt Act |
J&K’s PSA (Public Security Act)
PSA is one of the controversial extraordinary laws enacted in the year 1978 in the state of Jammu and Kashmir. Amid Jammu Kashmir being a terror-prone state, this law was enacted. PSA act is tough that is primarily made for preventing timber smuggling. However, later times, the entire context of the execution of this law changed according to the situations.
Under this law, the state can detain any person above the age of 16 without any trial for two years. Under this act, the detention orders will be issued by the divisional commissioner and district magistrates. Section 22 and 23 of the act makes this act more powerful in sustaining the objective of this act.
Nature and Criticism of PSA
PSA act is referred to as draconian law because of its controversial nature. Records say that the governments have misused this act on their opponents to play power politics. Critics even argue that this inconsistency continued to sustain, and necessary amendments have been made in this context.
One of those amendments is, that this act can be imposed on any individual outside the state (other than Jammu and Kashmir). Another notable critique that we can find in this act is that the definitions of the offenses are simple, but the intensity of detention levels is very high and complex.
That is why many critics argue that this is one of the vague extraordinary laws that we can ever have. Another most significant disadvantage we can also say to be a critic is ‘not having any chance for going to judicial review.’ Many critics of this act opined that this act is a threat to the Right to dissent other democratic rights.
Detention of former chief ministers of Jammu and Kashmir Omar Abdullah and Mehbooba Mufti under this act says the irregularity of this law/act.
Key Features of PSA
- Enacted in the year 1978.
- Allows detention without trial for up to two years.
- Applicable to individuals above the age of 16.
- Detention orders issued by divisional commissioners and district magistrates.
- Includes strong provisions under Section 22 and 23.
Arguments on Extraordinary Laws
Arguments: Apart from all these legal matters of extraordinary laws, some critical debates happen on the existence of these extraordinary laws. Some of the arguments, both pro, and anti to extraordinary laws are there.
They include framing necessary corrective frameworks like verifying the necessity and importance of imposing extraordinary laws in the process of conserving the legitimacy of democracy.
- Crisis of national security and institutional erosion.
- Building a strong state.
- Cooperating with the international collective effort against terrorism.
Summary Table: Public Security Act
| Aspect | Details |
|---|---|
| Year of Enactment | 1978 |
| Region | Jammu and Kashmir |
| Maximum Detention | Two years without trial |
| Authority | Divisional Commissioner and District Magistrate |
| Major Criticism | Misuse, lack of judicial review, threat to democratic rights |
Sedition
The state’s legal action on any person on the grounds of threat to national security & integrity would be taken. To deal with the situations like that state need to be proactive in eliminating that type of situations. Sedition is the proactive step of the state in dealing with those extraordinary situations.
Meaning of Sedition
If we got to explain sedition in more detail, it could be explained in this way. Suppose the actions of any person or organization are likely to harm society by disturbing law and order and disintegrates the spirit of nationhood. In that case, those persons and organizations are liable to conduct under sedition acts.
- Actions likely to harm society
- Disturbance of law and order
- Disintegration of the spirit of nationhood
These sedition acts are extraordinary laws that we are concerned about. Moreover, these are called extraordinary laws because of the extraordinary situations they deal with.
IPC Section 124A
Some of the sedition acts are IPC 124A which states that:
“Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.”
This act has been interpreted in various contexts according to those respective extraordinary situations.
CrPC Section 95
For strengthening this act, there is another legal provision that looks after this under criminal procedure. It is the provision of CrPC section 95, which says that:
“Criminal Procedure Code’s Section 95 deals with the Right of the government to forfeit material punishable under Section 124 A on stated grounds. Chapter X of CrPC deals with maintenance of public order and tranquillity and permits Police, Magistrate, Armed Forces to cause an unlawful public assembly to disperse, if necessary, by using force and to restore public order”.
Historical Origin of Sedition
Usage of these provisions of sedition has its origin in British rule. The origin of this whole concept of sedition was primarily contained in section 113 of Thomas Macaulay’s penal code. Then it was made into the act by inserting it as a provision i.e., section 124A by the Indian Penal Code Amendment Act (1870).
This provision has remained even after independence. This sustenance of this act says how important it was in maintaining India with law and order. This emergence of this act as an extraordinary law shows its significance in Indian society.
Important Sedition Cases
We can observe a series of important cases of sedition after independence. Some of them are:
- Ram Nandan vs. State of UP
- Kedarnath vs. State of Bihar
- Brij Bhushan vs. The State of Delhi
Judicial Interpretation and Debate
All of these are interpretations of sedition acts according to that particular situation and context. Like some cases have this aspect of sedition restricts the freedom of speech. Supporters of this act argue that freedom of speech at the state’s cost of integrity and security is not admissible.
The court’s role in these sedition cases can be flexible and oscillating between extraordinary laws and constitution-given individual rights. Moreover, the judgments are being given according to the situations that persist in that particular case.
Critics admit that when there is a sedition case in the court, it is the battle between democracy and nationalism which we have a vast scope to discuss. They say this because every sedition case conflicts between individual rights given by the constitution under democratic values vs. extraordinary laws made by the legislature to conserve national integrity.
Individual Laws vs. Extraordinary Laws
Individual laws in the Indian constitution are fundamental rights given to every citizen in India. Among fundamental rights, extraordinary laws overpower fundamental rights, like the Right to freedom and equality. The Right to freedom gets deeply impacted by these extraordinary laws. Freedom of speech and expression, a part of the Right to freedom, gets overpowered by the extraordinary laws. Freedom of speech enables a person to speak on his/her/their wish. That speech might be dissent to anyone, including the state, but one has that Right to freedom of speech and expression. However, extraordinary laws can curb one from talking against the nation’s integrity or any other speech that disturbs the law and order of society.
Sedition and the Right to Freedom
Even courts conduct lengthy trials on sedition cases because of this collision of arguments between the Right to freedom and sedition. Furthermore, the Right to freedom also gives this Right to movement under which many social movements occur. Nevertheless, in many instances, we see that if any movement is against the state and gets intense, they would be stopped or disturbed by the state under this sedition and other detention acts.
Many critics admit that this sedition is an act of power imposed on backward and underprivileged people by influential and powerful people in society. They would admit the origin of this sedition act and its usage by the British in pre-colonial times to support their argument. Because of the populistic belief that Britishers used this sedition act on Indians, who oppose the British government as a part of suppressing independence struggles. This popular nationalistic belief gets a different stance regarding the native state’s rule after independence.
Sedition in Independent India
Independent India believed that sedition acts are necessary to maintain law and order to achieve political consistency. Critics also argue that this sedition became a tool for playing power politics between political parties in modern-day politics. This critic became a populistic notion of contemporary politics because of evidencing the repetitive instances of misusing this sedition act.
Sedition and Mass Media
The new critic of sedition in contemporary political times is the usage of sedition in mass media. Many sections of society and some of the courts are entirely getting irritated with sedition on mass media. We know mass media is the mediating agent between people and politics that sustains on Right to freedom of speech and dissent. So, critics say that imposing sedition on media houses and banning them depicts the irregularity of usage of sedition.
They also argue that imposing sedition on media is intimidating the values of democracy by suppressing the voices of dissent. In today’s context of a rapid increase in social media, they impose extraordinary laws like sedition, paving the way for discussion and debates on setting limits on sedition.
Supporters of Sedition
However, the supporters of the sedition act say that it is necessary to impose this act on certain media houses for the well-being of society. They believe that this increase in media transparency helps the intentional spread of hatred, which leads to societal illness. Therefore, law and order get affected. Amid all this discussion and debates on the usage of sedition in contemporary politics, recently supreme court, in this context of sedition on media, opined that “maybe it is time to think about setting limits to sedition.”
Controversial Sedition Cases
- Some of the controversial sedition cases in contemporary times are sedition on students of JNU and Jamia Islamia for expressing differences of opinion.
- Critics and academicians believe that this type of imposition on students is unlawful.
- We know that students have the right to think and act dissent as part of learning.
- Another controversial sedition case is imposing sedition on media channels in the state of Andhra Pradesh for expressing dissent on state and criticizing its policies.
This issue became a severe critic of the incorrect usage of sedition acts.
Critique of Extraordinary Laws
Critique of these extraordinary laws is necessary to understand in the context of misusing them in contemporary power politics. Before going to that, it is necessary to discuss NHRC (national human rights commission), which can be called a watchdog of these extraordinary laws. NHRC disagreed with establishing the POTA act and expressed many doubts related to the violation of human rights.
Role of NHRC
It plays a key role in conserving the human rights of any individual, irrespective of the accusations that are imposed on individuals. In this process of conserving their rights, NHRC involves every anti-terror law case and follows up with the court and legal proceedings. It condemns the long-term detention under these laws.
It believes that these extraordinary laws are being used in narrow democratic space, i.e., politics of fear and intimidation. NHRC questions the permanency of the effect of these laws at the cost of constitutionality, human rights, and other legal proceedings. In fact, NHRC is against the provisions of the international covenant on civil and political rights (ICCPR) in which India is a participant member.
It deals with all the negative effects of these extraordinary laws. So NHRC is the only organization that is capable of questioning the authority of this extraordinary law and its implementation.
Power Politics – Extraordinary Laws
Apart from NHRC and its role in extraordinary laws, there are many critiques that can be observed on these extraordinary laws, especially in contemporary power politics. Modern-day politics are more of revenged, enmity, and intimidating. In this context, the voice of political dissent can be suppressed using these laws. This type of power politics can be observed mostly played on leftist or communist organizations.
The recent regional issue in Andhra Pradesh, where the sitting MP of the ruling party was arrested under this law 124A (sedition), can be admitted in this context. In this case, he was arrested for speaking against the ruling government and criticizing the government’s policies, stating that he spread communal hatred. But the Supreme Court expressed its disagreement on imposing that 124A section and granted bail for him.
And cases like Bhima Koregaon, in which many social activists and educators were accused under the Unlawful Activities Prevention Act (UAPA) and detained, can also be said to be one of its kind. Misusing these extraordinary laws can imply that the spirit of democracy is in danger. If this trend of playing power politics using these extraordinary laws continues, the essence and value of the laws can be in danger.
Key Issues in Power Politics
- Suppression of political dissent.
- Targeting of leftist or communist organizations.
- Use of sedition and detention laws for intimidation.
- Threat to democratic values.
Secularism – Extraordinary Laws
In cases like these, the involvement of elements like religion, caste, class is huge. Though India is said to be secular, the question of secularism arises in this context of imposing these extraordinary laws on the grounds of religion, caste, class, etc.
In terrorist accusations, most of the accused can be accused based on their religion, i.e., Muslim. If there is communal violence by majoritarian religion (Hindu), can it also be considered a terrorist act? This is still a question. Because till now, every conflict done by the majority religion can just be called a communal conflict but not a terrorist act.
It might be because of the majoritarian voting advantage of majoritarian religion in democracy. Because of majoritarianism, a principle of democracy, this type of power politics using the extraordinary laws is possible. Thus, involvement and influence of religion on laws, and thereby influencing politics.
Religion, Law, and Politics
| Aspect | Observation |
|---|---|
| Religion | Often used as a basis for accusation. |
| Majoritarianism | Influences legal and political decisions. |
| Democracy | Allows power politics through voting strength. |
Caste/Class – Extraordinary Laws
In some cases of extraordinary laws, caste/class influence can be there. The lower caste and lower-class people don’t have the capability to challenge those extraordinary laws imposed on them. In fact, some of them don’t even know what to do when they are being imposed those sedition and detention acts.
This inability of those lower caste and lower-class people can be taken as an advantage of by the law executors and helps the power politics on a larger scale. Many cases like Bhima Koregaon, in which STs were accused as Naxals and were detained by the state, raise doubts about imposing these extraordinary laws and their usage.
Misusing extraordinary laws on these downtrodden sections makes them voiceless, as they are supposed to raise their voice for their rights. If this whole scenario gets worse, then that system can be called a democracy of majoritarian or democracy of monopoly, which is not good for a secular society like India.
Impact on Downtrodden Sections
- Lack of awareness about legal rights.
- Inability to challenge state power.
- Targeting of STs and marginalized groups.
- Risk of turning democracy into monopoly.
Conclusion
The extraordinary laws of India are not of their first kind. Though the provisions are not in legal laws, we can see the practice of these extraordinary laws from the very beginning of our political history. It means that extraordinary laws are meant for dealing with extraordinary situations in which they overpower the existing laws in this process.
This overpowering of existed laws is not simple as it seems to be. This overpowering has something to do with the ideology and belief system of the nation. In this context, we discussed Indian democracy. When we see these extraordinary laws and its nature through the lens of democracy, it would always get depicted as an agent of abandoning the spirit of democracy.
Extraordinary Laws and Democracy
These extraordinary laws act as autocratic writs when imposed on the liberal society of the democratic state. However, Indian democracy is an exception to this critic same as like extraordinary laws are the exception to extraordinary situations. Nationalism and secular aspects of India are providing these exceptions.
However, these extraordinary laws are sustaining despite all the critics persisted and playing a pivotal role in understanding different themes of Indian politics in which these laws are getting involved.
Future of Extraordinary Laws
The future of the existing extraordinary laws depends upon the necessary changes that have to be done to these extraordinary laws and their misusage. If no change is done, then the situation of society would be unimaginable. Because till now, secular Indian society could survive based on their rights and liberty of raising their voice on their problems.
- Extraordinary laws must undergo necessary reforms.
- Misuse of such laws must be prevented.
- Citizens must be protected from fear and repression.
Suppose no change occurs in these extraordinary acts like sedition and detention acts. In that case, no citizen cares about society and would not raise his/her/their voice amid the fear of this imposition of extraordinary laws. Extremists can also turn into rebels which is not optimal for society.
Role of Institutions
So, these extraordinary laws and their usage in power politics need to be controlled by executioners and by reverifying the laws and making some suggestive changes. The laws could not be misused. Because of the day-to-day increase in desperation on power, there is a vast scope to play power politics using these extraordinary laws.
In this whole context, the role of apex courts also needs some functional changes in deliver justice and punishing the guilty in the least possible time.
Need for New Extraordinary Laws
In this context of thinking about changes to happen in these extraordinary laws, why don’t we think about new types of extraordinary laws that conserve society and move society in the positive direction of development. We know this is a dynamic society that needs to get updated not only in the lifestyle but also in the laws that influence this society’s lifestyle.
It would be explained this way with an example. We can have an extraordinary law that imposes any law on the politicians and legislators from refraining them from getting corrupted at the cost of societal development.
Lokpal and Legislative Challenges
A similar act like this is there, which has not been approved in the legislative houses known as ‘Lokpal’. So, if we want any new type of extraordinary laws completely in different dimensions, this type of law should be made.
| Aspect | Current Situation | Expected Change |
|---|---|---|
| Extraordinary Laws | Misused in power politics | Reformed and regulated |
| Citizens | Fear of raising voice | Protection of liberty |
| Institutions | Delayed justice | Faster and effective justice |
Unanswered Questions
Coming to reality, when would all this happen? When would the changes in existed extraordinary laws happen? When would this new type of extraordinary laws come into the limelight? are million-dollar and unanswerable questions.
Government and Social Responsibility
All this to happen, the type of government and people’s social responsibility in choosing the government is what all that matters. Suppose it is the government that claims itself as nationalistic, which prefers the nation as a whole to the welfare and well-being of society. In that case, it is impossible to get these changes that we talked about above.
It is not that we should not care about national security and integrity. However, we should balance maintaining national security and conserving national integrity with the conservation of liberty of our democratic society.
Hence necessary systematic and systemic changes have to be done in balancing the nation’s interest and liberty of society.
Bibliography
- Towards Legal Literacy, edited by Kamala Sankaran and Ujjwal Kumar Singh, Oxford University Press.
- https://thewire.in/rights/extraordinary-laws-are-becoming-central-to-the-politics-of-repression-in-india
- https://www.mha.gov.in/sites/default/files/A1967-37.pdf
- https://lexlife.in/2020/05/27/sedition-law-in-india
- https://legaldesire.com/article-importance-of-law-in-society
- Indian Kanoon website.
