NATIONAL SECURITY, PUBLIC ORDER, AND RULE OF LAW
Objectives of the course
In every written constitution provision is required to be made to equip
the State to face grave threats to its existence arising from extra ordinary
circumstances created by war or external aggression or armed rebellion.
Although "amidst the clash of arms, the laws are not silent" they do not
speak the same language in war as in peace. Extra ordinary circumstances
warrant the invocation of extra ordinary laws and such laws are known as
emergency laws. They put greater fetters on individual liberty and also
eclipse certain aspects of the due process. But even in such circumstance, the
democratic forces must assert that even for survival of the State, the least
possible liberty should sustain. The Students should analyze different
aspects of such emergency powers and scrutinizing intellectual attitude
towards such powers.
The following syllabus prepared with this perspective will be spread
over a period of one year.
1. National Security, Public Orders and Rule of Law
1.1 Emergency Detention in England Civil Liberties
1.2 Liveridge v. Anderson
1.3 Korematsu v. U.S.
1.4 Estugbargi v. Govt. of Nigeria
1.5 Pre independence law Keshav Talpadi's case
2. Preventive Detention and Indian Constitution
2.1 Article 22 of the Constitution
2.2 A. K. Gopalan V. State of Madras
2.3 Preventive Detention and Safeguards
2.4 Declaration of Emergencies
2.5 1962, 1965 and 1970 Emergencies
2.6 1975 Emergency
2.7 Makhan Singh v. Punjab
2.8 A.D.M. Jabalpur v. Shiv Kant Shukla
3. Exceptional Legislation
3.1 COFEPOSA, MISA and Other Legislation to curb economics
3.2 Anti Terrorist legislation e.g. TADA, POTA
3.3 Special Courts and Tribunals under Anti Terrorist Act
3.4 Due Process and Special Legislation
4. Civil Liberties and Emergency
4.1 Article 19 : various dimensions and limitation impose of
utilization of such liberties
4.2 Meaning of "Security of State"
4.3 Meaning of "Public Orders"
4.4 Suspension of Article 19 rights on declaration of Emergency
4.5 President's Right to Suspend Right to move any court
4.6 Article 21 special importance its non suspend ability
4.7 Suspend ability 44th Amendment.
5. Access to Courts and Emergency
5.1 Article 359
5.2 Makhan Singh v. State of Punjab
5.3 A.D.M. Jabalpur v. Shiv Kant Shukla
5.4 Constitution (Forty forth), Amendments Act, 1978.
5.5 Constitution (Fifty ninth), Amendments Act, 1988.
6. Martial Law
6.1 Provisions in English Law
6.2 Provisions in the Constitution