JUDICIAL REVIEW OF AFSPA: BALANCING NATIONAL SECURITY WITH CONSTITUTIONAL RIGHTS

AUTHOR: – SHIVANI RAJARAM PATIL* & ASHOK DOBHAL**

* B.A.LL.B. (H), LAW COLLEGE DEHRADUN, FACULTY OF UTTARANCHAL UNIVERSITY. EMAIL – SHIVANIII0307@GMAIL.COM

** ASSISTANT PROFESSOR, LAW COLLEGE DEHRADUN, FACULTY OF UTTARANCHAL UNIVERSITY. EMAIL – ASHOKDOBHAL19@GMAIL.COM

BEST CITATION – SHIVANI RAJARAM PATIL & ASHOK DOBHAL, JUDICIAL REVIEW OF AFSPA: BALANCING NATIONAL SECURITY WITH CONSTITUTIONAL RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 111-119, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The purpose of this research study is to investigate the judicial review of the Armed Forces (Special Powers) Act (AFSPA) in India, with a particular emphasis on the difficult balance that exists between constitutional rights and the constitutional imperatives of national security. The purpose of this research is to investigate the manner in which Indian courts have interpreted, sustained, curtailed, or amended the provisions of the Armed Forces Special Powers Act (AFSPA) by analysing key judgements, legal precedents, and constitutional principles. The essay provides an analysis and evaluation of the judicial strategy that is used in conflict-affected regions in order to reconcile concerns over security with protections for basic rights. The paper contends that although the courts have, for the most part, deferred to the discretion of the executive branch in matters pertaining to national security, they have simultaneously attempted to establish safeguards against potential rights violations. This has resulted in a dynamic equilibrium that is imperfect in nature between the requirements of security and the guarantees of the constitution.

Keywords: AFSPA, Judicial Review, National Security, Constitutional Rights, Supreme Court of India, Fundamental Rights