ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

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Unconstitutionality of Anti-Terror Laws

The Gujarat Control of Terrorism and Organised Crime Bill, 2015 does more than violate fundamental civil liberties; it is a dangerous instance of the state transgressing the constitutional limits of its lawmaking powers. The federal distribution of powers between the centre and states under the Constitution ensures that only Parliament can legislate on matters such as terrorism that relate to the security or sovereignty of the nation. States cannot arrogate this power to themselves by devising harsh anti-terror laws that apply only within their respective territories. The unconstitutionality of the Gujarat Bill is not just a sum of its numerous illegal parts, but rooted in a deeper, more fundamental failing, namely, that the Gujarat assembly did not have the power to pass such a law in the fi rst place.
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