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The UAPA Bill proposes to include the names of ‘terrorists’ in the Fourth Schedule proposed to be added to the Unlawful Activities (Prevention) Act, 1967. The law was originally enacted in 1967 with the ostensible object of national integration. An individual may be designated as a terrorist if he commits or participates in acts of terrorism, prepares for terrorism, promotes terrorism or is otherwise involved in terrorism. The Bill also allows a Review Committee constituted by the Central Government to exercise the power of review and de-notify an individual classified as a ‘terrorist’. The amendment is likely to empower the executive to initiate a witch-hunt against political opponents of the ruling dispensation or religious minorities, with no institutional mechanism for judicial review.
Categorization as a ‘terrorist’ by the executive bears serious consequences, such as social boycott or loss of employment. Labelling by the executive could also encourage a spiral of intolerance and lead to mob lynching by vigilante groups. The constitutionality of the proposed law deserves to be keenly contested since it could be viewed as colourable legislation which bears the potential for abuse by the executive.
The SC, in Shreya Singhal v. Union of India, had identified ‘vagueness’ as one of the grounds for striking down Section 66A in India’s IT Act. The law imposed an unreasonable restraint on online speech. Likewise, the proposed amendment can cause a chilling effect on the freedom of speech and expression which is enshrined as a fundamental right in Article 19 (1) (a) of India’s Constitution. SC had also held that Article 19 (1) (a) would protect free speech to the extent that there is mere advocacy of opinion and no incitement of violence.
In K.S. Puttaswamy v. Union of India, SC recently recognized the right to privacy as an integral part of Article 21 which guarantees a right to life and personal liberty. The apex court held that the right to be left alone is a reflection of the inviolable nature of the human personality. Profiling by the executive is thus a violation of Article 21 as it infringes upon the personal autonomy of an individual.
The proposed amendment also violates the mandate of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. In 2018, the judiciary played an admirable counter-majoritarian role to read down a colonial-era provision in the IPC which criminalized homosexual acts. The UAPA Bill, 2019 echoes laws made under the colonial regime to crush the freedom movement in the garb of ensuring public order. On the contrary, India’s constitution-makers had envisaged a transformative role for its constitution to usher in an environment where civil rights are protected and not left at the mercy of executive supremacy.
Q. Which of the following has been upheld by the Supreme Court of India with regards to the fundamental right of the citizens?
1. Vagueness in the wording of law could be a ground to hold the law as unconstitutional if it causes chilling effect.
2. Right to privacy falls under the ambit of Right to life and personal liberty.
3. Right to be left alone falls under the ambit of Right to life and personal liberty.
4. Profiling by executives is violation of a Fundamental Right.
  • a)
    1, 2, 3 and 4
  • b)
    1, 2 and 3
  • c)
    Only 1
  • d)
    2 and 3
Correct answer is option 'B'. Can you explain this answer?
Most Upvoted Answer
The UAPA Bill proposes to include the names of ‘terrorists’ in the Fo...
The author has provided the dictum of the court in the Puttaswamy judgment and Shreya Singhal Judgment. Statement 1, 2 and 3 has been elucidated by the court, as per the passage in the two judgments. Statement 4 is author’s analysis in terms of constitutional validity of the UAPA Act and the predicaments caused by it on the basis of the two judgments.
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In 2015, the Supreme Court struck down Section 66A of the Information Technology (IT) Act, 2000, as unconstitutional. That decision, Shreya Singhal v. Union of India, was heaped with praise by domestic and foreign media alike. But none of this stopped the police in Muzaffarnagar, Uttar Pradesh, from arresting and detaining 18-year-old Tyagi in October 2017, for allegedly committing a crime under Section 66A - for posting some comments on Facebook. Mr. Tyagi's case is not alone.Media outlets have reported other instances where Section 66A has been invoked by the police, all of which points to an obvious, and serious, concern: what is the point of that landmark decision if the police still jail persons under unconstitutional laws?From police stations, to trial courts, and all the way up to the High Courts, we found Section 66A was still in vogue throughout the legal system. Equally disturbing was the discovery that this issue of applying unconstitutional penal laws long preceded Shreya Singhal and Section 66A. Before the recent decisions that held provisions in the Indian Penal Code as unconstitutional (in whole or in part), the Supreme Court had famously done this, in 1983, by striking down Section 303 of the Indian Penal Code in Mithu v. State of Punjab.In 2012, years after Section 303 had been struck down, the Rajasthan High Court intervened to save a person from being hanged for being convicted under that offence.We argue that a primary reason for poor enforcement of judicial declarations of unconstitutionality is signal failures between different branches of government. Commonly, in this context one thinks of active non-compliance that can undermine the work of courts - for instance, the aftermath of the Sabarimala verdict. But these publicised acts of defiance have hidden what is a systemic problem within the Indian legal system: there exists no official method for sharing information about such decisions, even those of constitutional import such as Shreya Singhal. We found that there is no formal system on information sharing in the hierarchical set-up of the Indian judiciary.Thus, enforcing unconstitutional laws is sheer wastage of public money. But more importantly, until this basic flaw within is addressed, certain persons will remain exposed to denial of their right to life and personal liberty in the worst possible way imaginable. They will suffer the indignity of lawless arrest and detention, for no reason other than their poverty and ignorance, and inability to demand their rights.Q. A Bill is introduced in the Parliament obliging the Constitutional Courts and the Superior Judiciary to issue circulars to subordinate courts apprising about the recent orders and judgments. In such a situation, according to the author

In 2015, the Supreme Court struck down Section 66A of the Information Technology (IT) Act, 2000, as unconstitutional. That decision, Shreya Singhal v. Union of India, was heaped with praise by domestic and foreign media alike. But none of this stopped the police in Muzaffarnagar, Uttar Pradesh, from arresting and detaining 18-year-old Tyagi in October 2017, for allegedly committing a crime under Section 66A - for posting some comments on Facebook. Mr. Tyagi's case is not alone.Media outlets have reported other instances where Section 66A has been invoked by the police, all of which points to an obvious, and serious, concern: what is the point of that landmark decision if the police still jail persons under unconstitutional laws?From police stations, to trial courts, and all the way up to the High Courts, we found Section 66A was still in vogue throughout the legal system. Equally disturbing was the discovery that this issue of applying unconstitutional penal laws long preceded Shreya Singhal and Section 66A. Before the recent decisions that held provisions in the Indian Penal Code as unconstitutional (in whole or in part), the Supreme Court had famously done this, in 1983, by striking down Section 303 of the Indian Penal Code in Mithu v. State of Punjab.In 2012, years after Section 303 had been struck down, the Rajasthan High Court intervened to save a person from being hanged for being convicted under that offence.We argue that a primary reason for poor enforcement of judicial declarations of unconstitutionality is signal failures between different branches of government. Commonly, in this context one thinks of active non-compliance that can undermine the work of courts - for instance, the aftermath of the Sabarimala verdict. But these publicised acts of defiance have hidden what is a systemic problem within the Indian legal system: there exists no official method for sharing information about such decisions, even those of constitutional import such as Shreya Singhal. We found that there is no formal system on information sharing in the hierarchical set-up of the Indian judiciary.Thus, enforcing unconstitutional laws is sheer wastage of public money. But more importantly, until this basic flaw within is addressed, certain persons will remain exposed to denial of their right to life and personal liberty in the worst possible way imaginable. They will suffer the indignity of lawless arrest and detention, for no reason other than their poverty and ignorance, and inability to demand their rights.Q. Ignorance of law is no excuse is a well-entrenched principle in the legal system. Considering the essence of the passage, is the arrest of Tyagi consistent with the law?

In 2015, the Supreme Court struck down Section 66A of the Information Technology (IT) Act, 2000, as unconstitutional. That decision, Shreya Singhal v. Union of India, was heaped with praise by domestic and foreign media alike. But none of this stopped the police in Muzaffarnagar, Uttar Pradesh, from arresting and detaining 18-year-old Tyagi in October 2017, for allegedly committing a crime under Section 66A - for posting some comments on Facebook. Mr. Tyagi's case is not alone.Media outlets have reported other instances where Section 66A has been invoked by the police, all of which points to an obvious, and serious, concern: what is the point of that landmark decision if the police still jail persons under unconstitutional laws?From police stations, to trial courts, and all the way up to the High Courts, we found Section 66A was still in vogue throughout the legal system. Equally disturbing was the discovery that this issue of applying unconstitutional penal laws long preceded Shreya Singhal and Section 66A. Before the recent decisions that held provisions in the Indian Penal Code as unconstitutional (in whole or in part), the Supreme Court had famously done this, in 1983, by striking down Section 303 of the Indian Penal Code in Mithu v. State of Punjab.In 2012, years after Section 303 had been struck down, the Rajasthan High Court intervened to save a person from being hanged for being convicted under that offence.We argue that a primary reason for poor enforcement of judicial declarations of unconstitutionality is signal failures between different branches of government. Commonly, in this context one thinks of active non-compliance that can undermine the work of courts - for instance, the aftermath of the Sabarimala verdict. But these publicised acts of defiance have hidden what is a systemic problem within the Indian legal system: there exists no official method for sharing information about such decisions, even those of constitutional import such as Shreya Singhal. We found that there is no formal system on information sharing in the hierarchical set-up of the Indian judiciary.Thus, enforcing unconstitutional laws is sheer wastage of public money. But more importantly, until this basic flaw within is addressed, certain persons will remain exposed to denial of their right to life and personal liberty in the worst possible way imaginable. They will suffer the indignity of lawless arrest and detention, for no reason other than their poverty and ignorance, and inability to demand their rights.Q. It is commonly observed that even after a law is declared unconstitutional, law remains a part of statute repository published on India Code. Based on the author's reasoning, which of the following would be most correct

The demand for speedy retributive justice in the recent heinous crime done against a veterinarian has brought into light the question of extra-constitutional killings. The public sentiments, political demand of public lynching of rapists inter-alia have raised the debate whether a democratic country should follow the constitutional norms and adhere to the due process of law or shall it adopt the measures of retributive justice to bring instant and speedy justice to the victim.Retributive justice is a system of criminal justice based on thepunishment of offenders rather than on rehabilitation where as in REFORMATIVE THEORY the object of punishment should be the reform of the criminal, through the method of individualization. It is based on the humanistic principle that even if an offender commits a crime, he does not cease to be a human being.From protests on the ground, to the commentary on social media, to MPs in Parliament, the demand for the instant killing of the accused from all corners created the public opinion for theabandonment of the rule of lawthat appears to have led to the incident.Justice in any civilised society is not just about retribution, but also about deterrence, and in less serious crimes,rehabilitationof the offenders.There is a procedure prescribed by the law for criminal investigation which is embedded in constitutional principles.Article21of the Constitution (which is fundamental and non-derogabl e) states that no person shall be deprived of his life or personal liberty except according to the procedure established by law.Also in theSalwa Judum case in 2011a core constitutional precept was set out that in modern constitutionalism no wielder of power can be allowed to claim the right to perpetrate state’s violence against anyone. This is also the touchstone of the constitutionally prescribed rule of law(Article 14).Hence,it is the responsibility of the police, being the officers of government, to follow the Constitutional principles and uphold the Right to Lifeof every individual whether an innocent one or a criminal.According toDr. B.R. Ambedkar,the pathways of justice are not linear nor without obstacles. But we have, as a people, chosen the route of democracy and the Constitution, so we really have no option but to school ourselves in constitutional morality that with time must replace public moralityQ.Which of the following views can be correctly attributed to the author of the above passage?

The demand for speedy retributive justice in the recent heinous crime done against a veterinarian has brought into light the question of extra-constitutional killings. The public sentiments, political demand of public lynching of rapists inter-alia have raised the debate whether a democratic country should follow the constitutional norms and adhere to the due process of law or shall it adopt the measures of retributive justice to bring instant and speedy justice to the victim.Retributive justice is a system of criminal justice based on thepunishment of offenders rather than on rehabilitation where as in REFORMATIVE THEORY the object of punishment should be the reform of the criminal, through the method of individualization. It is based on the humanistic principle that even if an offender commits a crime, he does not cease to be a human being.From protests on the ground, to the commentary on social media, to MPs in Parliament, the demand for the instant killing of the accused from all corners created the public opinion for theabandonment of the rule of lawthat appears to have led to the incident.Justice in any civilised society is not just about retribution, but also about deterrence, and in less serious crimes,rehabilitationof the offenders.There is a procedure prescribed by the law for criminal investigation which is embedded in constitutional principles.Article21of the Constitution (which is fundamental and non-derogabl e) states that no person shall be deprived of his life or personal liberty except according to the procedure established by law.Also in theSalwa Judum case in 2011a core constitutional precept was set out that in modern constitutionalism no wielder of power can be allowed to claim the right to perpetrate state’s violence against anyone. This is also the touchstone of the constitutionally prescribed rule of law(Article 14).Hence,it is the responsibility of the police, being the officers of government, to follow the Constitutional principles and uphold the Right to Lifeof every individual whether an innocent one or a criminal.According toDr. B.R. Ambedkar,the pathways of justice are not linear nor without obstacles. But we have, as a people, chosen the route of democracy and the Constitution, so we really have no option but to school ourselves in constitutional morality that with time must replace public moralityQ.As per author retributive justice could be done in following circumstances

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The UAPA Bill proposes to include the names of ‘terrorists’ in the Fourth Schedule proposed to be added to the Unlawful Activities (Prevention) Act, 1967. The law was originally enacted in 1967 with the ostensible object of national integration. An individual may be designated as a terrorist if he commits or participates in acts of terrorism, prepares for terrorism, promotes terrorism or is otherwise involved in terrorism. The Bill also allows a Review Committee constituted by the Central Government to exercise the power of review and de-notify an individual classified as a ‘terrorist’. The amendment is likely to empower the executive to initiate a witch-hunt against political opponents of the ruling dispensation or religious minorities, with no institutional mechanism for judicial review.Categorization as a ‘terrorist’ by the executive bears serious consequences, such as social boycott or loss of employment. Labelling by the executive could also encourage a spiral of intolerance and lead to mob lynching by vigilante groups. The constitutionality of the proposed law deserves to be keenly contested since it could be viewed as colourable legislation which bears the potential for abuse by the executive.The SC, in Shreya Singhal v. Union of India, had identified ‘vagueness’ as one of the grounds for striking down Section 66A in India’s IT Act. The law imposed an unreasonable restraint on online speech. Likewise, the proposed amendment can cause a chilling effect on the freedom of speech and expression which is enshrined as a fundamental right in Article 19 (1) (a) of India’s Constitution. SC had also held that Article 19 (1) (a) would protect free speech to the extent that there is mere advocacy of opinion and no incitement of violence.In K.S. Puttaswamy v. Union of India, SC recently recognized the right to privacy as an integral part of Article 21 which guarantees a right to life and personal liberty. The apex court held that the right to be left alone is a reflection of the inviolable nature of the human personality. Profiling by the executive is thus a violation of Article 21 as it infringes upon the personal autonomy of an individual.The proposed amendment also violates the mandate of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. In 2018, the judiciary played an admirable counter-majoritarian role to read down a colonial-era provision in the IPC which criminalized homosexual acts. The UAPA Bill, 2019 echoes laws made under the colonial regime to crush the freedom movement in the garb of ensuring public order. On the contrary, India’s constitution-makers had envisaged a transformative role for its constitution to usher in an environment where civil rights are protected and not left at the mercy of executive supremacy.Q. Which of the following has been upheld by the Supreme Court of India with regards to the fundamental right of the citizens?1. Vagueness in the wording of law could be a ground to hold the law as unconstitutional if it causes chilling effect.2. Right to privacy falls under the ambit of Right to life and personal liberty.3. Right to be left alone falls under the ambit of Right to life and personal liberty.4. Profiling by executives is violation of a Fundamental Right.a)1, 2, 3 and 4b)1, 2 and 3c)Only 1d)2 and 3Correct answer is option 'B'. Can you explain this answer?
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The UAPA Bill proposes to include the names of ‘terrorists’ in the Fourth Schedule proposed to be added to the Unlawful Activities (Prevention) Act, 1967. The law was originally enacted in 1967 with the ostensible object of national integration. An individual may be designated as a terrorist if he commits or participates in acts of terrorism, prepares for terrorism, promotes terrorism or is otherwise involved in terrorism. The Bill also allows a Review Committee constituted by the Central Government to exercise the power of review and de-notify an individual classified as a ‘terrorist’. The amendment is likely to empower the executive to initiate a witch-hunt against political opponents of the ruling dispensation or religious minorities, with no institutional mechanism for judicial review.Categorization as a ‘terrorist’ by the executive bears serious consequences, such as social boycott or loss of employment. Labelling by the executive could also encourage a spiral of intolerance and lead to mob lynching by vigilante groups. The constitutionality of the proposed law deserves to be keenly contested since it could be viewed as colourable legislation which bears the potential for abuse by the executive.The SC, in Shreya Singhal v. Union of India, had identified ‘vagueness’ as one of the grounds for striking down Section 66A in India’s IT Act. The law imposed an unreasonable restraint on online speech. Likewise, the proposed amendment can cause a chilling effect on the freedom of speech and expression which is enshrined as a fundamental right in Article 19 (1) (a) of India’s Constitution. SC had also held that Article 19 (1) (a) would protect free speech to the extent that there is mere advocacy of opinion and no incitement of violence.In K.S. Puttaswamy v. Union of India, SC recently recognized the right to privacy as an integral part of Article 21 which guarantees a right to life and personal liberty. The apex court held that the right to be left alone is a reflection of the inviolable nature of the human personality. Profiling by the executive is thus a violation of Article 21 as it infringes upon the personal autonomy of an individual.The proposed amendment also violates the mandate of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. In 2018, the judiciary played an admirable counter-majoritarian role to read down a colonial-era provision in the IPC which criminalized homosexual acts. The UAPA Bill, 2019 echoes laws made under the colonial regime to crush the freedom movement in the garb of ensuring public order. On the contrary, India’s constitution-makers had envisaged a transformative role for its constitution to usher in an environment where civil rights are protected and not left at the mercy of executive supremacy.Q. Which of the following has been upheld by the Supreme Court of India with regards to the fundamental right of the citizens?1. Vagueness in the wording of law could be a ground to hold the law as unconstitutional if it causes chilling effect.2. Right to privacy falls under the ambit of Right to life and personal liberty.3. Right to be left alone falls under the ambit of Right to life and personal liberty.4. Profiling by executives is violation of a Fundamental Right.a)1, 2, 3 and 4b)1, 2 and 3c)Only 1d)2 and 3Correct answer is option 'B'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about The UAPA Bill proposes to include the names of ‘terrorists’ in the Fourth Schedule proposed to be added to the Unlawful Activities (Prevention) Act, 1967. The law was originally enacted in 1967 with the ostensible object of national integration. An individual may be designated as a terrorist if he commits or participates in acts of terrorism, prepares for terrorism, promotes terrorism or is otherwise involved in terrorism. The Bill also allows a Review Committee constituted by the Central Government to exercise the power of review and de-notify an individual classified as a ‘terrorist’. The amendment is likely to empower the executive to initiate a witch-hunt against political opponents of the ruling dispensation or religious minorities, with no institutional mechanism for judicial review.Categorization as a ‘terrorist’ by the executive bears serious consequences, such as social boycott or loss of employment. Labelling by the executive could also encourage a spiral of intolerance and lead to mob lynching by vigilante groups. The constitutionality of the proposed law deserves to be keenly contested since it could be viewed as colourable legislation which bears the potential for abuse by the executive.The SC, in Shreya Singhal v. Union of India, had identified ‘vagueness’ as one of the grounds for striking down Section 66A in India’s IT Act. The law imposed an unreasonable restraint on online speech. Likewise, the proposed amendment can cause a chilling effect on the freedom of speech and expression which is enshrined as a fundamental right in Article 19 (1) (a) of India’s Constitution. SC had also held that Article 19 (1) (a) would protect free speech to the extent that there is mere advocacy of opinion and no incitement of violence.In K.S. Puttaswamy v. Union of India, SC recently recognized the right to privacy as an integral part of Article 21 which guarantees a right to life and personal liberty. The apex court held that the right to be left alone is a reflection of the inviolable nature of the human personality. Profiling by the executive is thus a violation of Article 21 as it infringes upon the personal autonomy of an individual.The proposed amendment also violates the mandate of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. In 2018, the judiciary played an admirable counter-majoritarian role to read down a colonial-era provision in the IPC which criminalized homosexual acts. The UAPA Bill, 2019 echoes laws made under the colonial regime to crush the freedom movement in the garb of ensuring public order. On the contrary, India’s constitution-makers had envisaged a transformative role for its constitution to usher in an environment where civil rights are protected and not left at the mercy of executive supremacy.Q. Which of the following has been upheld by the Supreme Court of India with regards to the fundamental right of the citizens?1. Vagueness in the wording of law could be a ground to hold the law as unconstitutional if it causes chilling effect.2. Right to privacy falls under the ambit of Right to life and personal liberty.3. Right to be left alone falls under the ambit of Right to life and personal liberty.4. Profiling by executives is violation of a Fundamental Right.a)1, 2, 3 and 4b)1, 2 and 3c)Only 1d)2 and 3Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for The UAPA Bill proposes to include the names of ‘terrorists’ in the Fourth Schedule proposed to be added to the Unlawful Activities (Prevention) Act, 1967. The law was originally enacted in 1967 with the ostensible object of national integration. An individual may be designated as a terrorist if he commits or participates in acts of terrorism, prepares for terrorism, promotes terrorism or is otherwise involved in terrorism. The Bill also allows a Review Committee constituted by the Central Government to exercise the power of review and de-notify an individual classified as a ‘terrorist’. The amendment is likely to empower the executive to initiate a witch-hunt against political opponents of the ruling dispensation or religious minorities, with no institutional mechanism for judicial review.Categorization as a ‘terrorist’ by the executive bears serious consequences, such as social boycott or loss of employment. Labelling by the executive could also encourage a spiral of intolerance and lead to mob lynching by vigilante groups. The constitutionality of the proposed law deserves to be keenly contested since it could be viewed as colourable legislation which bears the potential for abuse by the executive.The SC, in Shreya Singhal v. Union of India, had identified ‘vagueness’ as one of the grounds for striking down Section 66A in India’s IT Act. The law imposed an unreasonable restraint on online speech. Likewise, the proposed amendment can cause a chilling effect on the freedom of speech and expression which is enshrined as a fundamental right in Article 19 (1) (a) of India’s Constitution. SC had also held that Article 19 (1) (a) would protect free speech to the extent that there is mere advocacy of opinion and no incitement of violence.In K.S. Puttaswamy v. Union of India, SC recently recognized the right to privacy as an integral part of Article 21 which guarantees a right to life and personal liberty. The apex court held that the right to be left alone is a reflection of the inviolable nature of the human personality. Profiling by the executive is thus a violation of Article 21 as it infringes upon the personal autonomy of an individual.The proposed amendment also violates the mandate of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. In 2018, the judiciary played an admirable counter-majoritarian role to read down a colonial-era provision in the IPC which criminalized homosexual acts. The UAPA Bill, 2019 echoes laws made under the colonial regime to crush the freedom movement in the garb of ensuring public order. On the contrary, India’s constitution-makers had envisaged a transformative role for its constitution to usher in an environment where civil rights are protected and not left at the mercy of executive supremacy.Q. Which of the following has been upheld by the Supreme Court of India with regards to the fundamental right of the citizens?1. Vagueness in the wording of law could be a ground to hold the law as unconstitutional if it causes chilling effect.2. Right to privacy falls under the ambit of Right to life and personal liberty.3. Right to be left alone falls under the ambit of Right to life and personal liberty.4. Profiling by executives is violation of a Fundamental Right.a)1, 2, 3 and 4b)1, 2 and 3c)Only 1d)2 and 3Correct answer is option 'B'. Can you explain this answer?.
Solutions for The UAPA Bill proposes to include the names of ‘terrorists’ in the Fourth Schedule proposed to be added to the Unlawful Activities (Prevention) Act, 1967. The law was originally enacted in 1967 with the ostensible object of national integration. An individual may be designated as a terrorist if he commits or participates in acts of terrorism, prepares for terrorism, promotes terrorism or is otherwise involved in terrorism. The Bill also allows a Review Committee constituted by the Central Government to exercise the power of review and de-notify an individual classified as a ‘terrorist’. The amendment is likely to empower the executive to initiate a witch-hunt against political opponents of the ruling dispensation or religious minorities, with no institutional mechanism for judicial review.Categorization as a ‘terrorist’ by the executive bears serious consequences, such as social boycott or loss of employment. Labelling by the executive could also encourage a spiral of intolerance and lead to mob lynching by vigilante groups. The constitutionality of the proposed law deserves to be keenly contested since it could be viewed as colourable legislation which bears the potential for abuse by the executive.The SC, in Shreya Singhal v. Union of India, had identified ‘vagueness’ as one of the grounds for striking down Section 66A in India’s IT Act. The law imposed an unreasonable restraint on online speech. Likewise, the proposed amendment can cause a chilling effect on the freedom of speech and expression which is enshrined as a fundamental right in Article 19 (1) (a) of India’s Constitution. SC had also held that Article 19 (1) (a) would protect free speech to the extent that there is mere advocacy of opinion and no incitement of violence.In K.S. Puttaswamy v. Union of India, SC recently recognized the right to privacy as an integral part of Article 21 which guarantees a right to life and personal liberty. The apex court held that the right to be left alone is a reflection of the inviolable nature of the human personality. Profiling by the executive is thus a violation of Article 21 as it infringes upon the personal autonomy of an individual.The proposed amendment also violates the mandate of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. In 2018, the judiciary played an admirable counter-majoritarian role to read down a colonial-era provision in the IPC which criminalized homosexual acts. The UAPA Bill, 2019 echoes laws made under the colonial regime to crush the freedom movement in the garb of ensuring public order. On the contrary, India’s constitution-makers had envisaged a transformative role for its constitution to usher in an environment where civil rights are protected and not left at the mercy of executive supremacy.Q. Which of the following has been upheld by the Supreme Court of India with regards to the fundamental right of the citizens?1. Vagueness in the wording of law could be a ground to hold the law as unconstitutional if it causes chilling effect.2. Right to privacy falls under the ambit of Right to life and personal liberty.3. Right to be left alone falls under the ambit of Right to life and personal liberty.4. Profiling by executives is violation of a Fundamental Right.a)1, 2, 3 and 4b)1, 2 and 3c)Only 1d)2 and 3Correct answer is option 'B'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of The UAPA Bill proposes to include the names of ‘terrorists’ in the Fourth Schedule proposed to be added to the Unlawful Activities (Prevention) Act, 1967. The law was originally enacted in 1967 with the ostensible object of national integration. An individual may be designated as a terrorist if he commits or participates in acts of terrorism, prepares for terrorism, promotes terrorism or is otherwise involved in terrorism. The Bill also allows a Review Committee constituted by the Central Government to exercise the power of review and de-notify an individual classified as a ‘terrorist’. The amendment is likely to empower the executive to initiate a witch-hunt against political opponents of the ruling dispensation or religious minorities, with no institutional mechanism for judicial review.Categorization as a ‘terrorist’ by the executive bears serious consequences, such as social boycott or loss of employment. Labelling by the executive could also encourage a spiral of intolerance and lead to mob lynching by vigilante groups. The constitutionality of the proposed law deserves to be keenly contested since it could be viewed as colourable legislation which bears the potential for abuse by the executive.The SC, in Shreya Singhal v. Union of India, had identified ‘vagueness’ as one of the grounds for striking down Section 66A in India’s IT Act. The law imposed an unreasonable restraint on online speech. Likewise, the proposed amendment can cause a chilling effect on the freedom of speech and expression which is enshrined as a fundamental right in Article 19 (1) (a) of India’s Constitution. SC had also held that Article 19 (1) (a) would protect free speech to the extent that there is mere advocacy of opinion and no incitement of violence.In K.S. Puttaswamy v. Union of India, SC recently recognized the right to privacy as an integral part of Article 21 which guarantees a right to life and personal liberty. The apex court held that the right to be left alone is a reflection of the inviolable nature of the human personality. Profiling by the executive is thus a violation of Article 21 as it infringes upon the personal autonomy of an individual.The proposed amendment also violates the mandate of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. In 2018, the judiciary played an admirable counter-majoritarian role to read down a colonial-era provision in the IPC which criminalized homosexual acts. The UAPA Bill, 2019 echoes laws made under the colonial regime to crush the freedom movement in the garb of ensuring public order. On the contrary, India’s constitution-makers had envisaged a transformative role for its constitution to usher in an environment where civil rights are protected and not left at the mercy of executive supremacy.Q. Which of the following has been upheld by the Supreme Court of India with regards to the fundamental right of the citizens?1. Vagueness in the wording of law could be a ground to hold the law as unconstitutional if it causes chilling effect.2. Right to privacy falls under the ambit of Right to life and personal liberty.3. Right to be left alone falls under the ambit of Right to life and personal liberty.4. Profiling by executives is violation of a Fundamental Right.a)1, 2, 3 and 4b)1, 2 and 3c)Only 1d)2 and 3Correct answer is option 'B'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of The UAPA Bill proposes to include the names of ‘terrorists’ in the Fourth Schedule proposed to be added to the Unlawful Activities (Prevention) Act, 1967. The law was originally enacted in 1967 with the ostensible object of national integration. An individual may be designated as a terrorist if he commits or participates in acts of terrorism, prepares for terrorism, promotes terrorism or is otherwise involved in terrorism. The Bill also allows a Review Committee constituted by the Central Government to exercise the power of review and de-notify an individual classified as a ‘terrorist’. The amendment is likely to empower the executive to initiate a witch-hunt against political opponents of the ruling dispensation or religious minorities, with no institutional mechanism for judicial review.Categorization as a ‘terrorist’ by the executive bears serious consequences, such as social boycott or loss of employment. Labelling by the executive could also encourage a spiral of intolerance and lead to mob lynching by vigilante groups. The constitutionality of the proposed law deserves to be keenly contested since it could be viewed as colourable legislation which bears the potential for abuse by the executive.The SC, in Shreya Singhal v. Union of India, had identified ‘vagueness’ as one of the grounds for striking down Section 66A in India’s IT Act. The law imposed an unreasonable restraint on online speech. Likewise, the proposed amendment can cause a chilling effect on the freedom of speech and expression which is enshrined as a fundamental right in Article 19 (1) (a) of India’s Constitution. SC had also held that Article 19 (1) (a) would protect free speech to the extent that there is mere advocacy of opinion and no incitement of violence.In K.S. Puttaswamy v. Union of India, SC recently recognized the right to privacy as an integral part of Article 21 which guarantees a right to life and personal liberty. The apex court held that the right to be left alone is a reflection of the inviolable nature of the human personality. Profiling by the executive is thus a violation of Article 21 as it infringes upon the personal autonomy of an individual.The proposed amendment also violates the mandate of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. In 2018, the judiciary played an admirable counter-majoritarian role to read down a colonial-era provision in the IPC which criminalized homosexual acts. The UAPA Bill, 2019 echoes laws made under the colonial regime to crush the freedom movement in the garb of ensuring public order. On the contrary, India’s constitution-makers had envisaged a transformative role for its constitution to usher in an environment where civil rights are protected and not left at the mercy of executive supremacy.Q. Which of the following has been upheld by the Supreme Court of India with regards to the fundamental right of the citizens?1. Vagueness in the wording of law could be a ground to hold the law as unconstitutional if it causes chilling effect.2. Right to privacy falls under the ambit of Right to life and personal liberty.3. Right to be left alone falls under the ambit of Right to life and personal liberty.4. Profiling by executives is violation of a Fundamental Right.a)1, 2, 3 and 4b)1, 2 and 3c)Only 1d)2 and 3Correct answer is option 'B'. Can you explain this answer?, a detailed solution for The UAPA Bill proposes to include the names of ‘terrorists’ in the Fourth Schedule proposed to be added to the Unlawful Activities (Prevention) Act, 1967. The law was originally enacted in 1967 with the ostensible object of national integration. An individual may be designated as a terrorist if he commits or participates in acts of terrorism, prepares for terrorism, promotes terrorism or is otherwise involved in terrorism. The Bill also allows a Review Committee constituted by the Central Government to exercise the power of review and de-notify an individual classified as a ‘terrorist’. The amendment is likely to empower the executive to initiate a witch-hunt against political opponents of the ruling dispensation or religious minorities, with no institutional mechanism for judicial review.Categorization as a ‘terrorist’ by the executive bears serious consequences, such as social boycott or loss of employment. Labelling by the executive could also encourage a spiral of intolerance and lead to mob lynching by vigilante groups. The constitutionality of the proposed law deserves to be keenly contested since it could be viewed as colourable legislation which bears the potential for abuse by the executive.The SC, in Shreya Singhal v. Union of India, had identified ‘vagueness’ as one of the grounds for striking down Section 66A in India’s IT Act. The law imposed an unreasonable restraint on online speech. Likewise, the proposed amendment can cause a chilling effect on the freedom of speech and expression which is enshrined as a fundamental right in Article 19 (1) (a) of India’s Constitution. SC had also held that Article 19 (1) (a) would protect free speech to the extent that there is mere advocacy of opinion and no incitement of violence.In K.S. Puttaswamy v. Union of India, SC recently recognized the right to privacy as an integral part of Article 21 which guarantees a right to life and personal liberty. The apex court held that the right to be left alone is a reflection of the inviolable nature of the human personality. Profiling by the executive is thus a violation of Article 21 as it infringes upon the personal autonomy of an individual.The proposed amendment also violates the mandate of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. In 2018, the judiciary played an admirable counter-majoritarian role to read down a colonial-era provision in the IPC which criminalized homosexual acts. The UAPA Bill, 2019 echoes laws made under the colonial regime to crush the freedom movement in the garb of ensuring public order. On the contrary, India’s constitution-makers had envisaged a transformative role for its constitution to usher in an environment where civil rights are protected and not left at the mercy of executive supremacy.Q. Which of the following has been upheld by the Supreme Court of India with regards to the fundamental right of the citizens?1. Vagueness in the wording of law could be a ground to hold the law as unconstitutional if it causes chilling effect.2. Right to privacy falls under the ambit of Right to life and personal liberty.3. Right to be left alone falls under the ambit of Right to life and personal liberty.4. Profiling by executives is violation of a Fundamental Right.a)1, 2, 3 and 4b)1, 2 and 3c)Only 1d)2 and 3Correct answer is option 'B'. Can you explain this answer? has been provided alongside types of The UAPA Bill proposes to include the names of ‘terrorists’ in the Fourth Schedule proposed to be added to the Unlawful Activities (Prevention) Act, 1967. The law was originally enacted in 1967 with the ostensible object of national integration. An individual may be designated as a terrorist if he commits or participates in acts of terrorism, prepares for terrorism, promotes terrorism or is otherwise involved in terrorism. The Bill also allows a Review Committee constituted by the Central Government to exercise the power of review and de-notify an individual classified as a ‘terrorist’. The amendment is likely to empower the executive to initiate a witch-hunt against political opponents of the ruling dispensation or religious minorities, with no institutional mechanism for judicial review.Categorization as a ‘terrorist’ by the executive bears serious consequences, such as social boycott or loss of employment. Labelling by the executive could also encourage a spiral of intolerance and lead to mob lynching by vigilante groups. The constitutionality of the proposed law deserves to be keenly contested since it could be viewed as colourable legislation which bears the potential for abuse by the executive.The SC, in Shreya Singhal v. Union of India, had identified ‘vagueness’ as one of the grounds for striking down Section 66A in India’s IT Act. The law imposed an unreasonable restraint on online speech. Likewise, the proposed amendment can cause a chilling effect on the freedom of speech and expression which is enshrined as a fundamental right in Article 19 (1) (a) of India’s Constitution. SC had also held that Article 19 (1) (a) would protect free speech to the extent that there is mere advocacy of opinion and no incitement of violence.In K.S. Puttaswamy v. Union of India, SC recently recognized the right to privacy as an integral part of Article 21 which guarantees a right to life and personal liberty. The apex court held that the right to be left alone is a reflection of the inviolable nature of the human personality. Profiling by the executive is thus a violation of Article 21 as it infringes upon the personal autonomy of an individual.The proposed amendment also violates the mandate of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. In 2018, the judiciary played an admirable counter-majoritarian role to read down a colonial-era provision in the IPC which criminalized homosexual acts. The UAPA Bill, 2019 echoes laws made under the colonial regime to crush the freedom movement in the garb of ensuring public order. On the contrary, India’s constitution-makers had envisaged a transformative role for its constitution to usher in an environment where civil rights are protected and not left at the mercy of executive supremacy.Q. Which of the following has been upheld by the Supreme Court of India with regards to the fundamental right of the citizens?1. Vagueness in the wording of law could be a ground to hold the law as unconstitutional if it causes chilling effect.2. Right to privacy falls under the ambit of Right to life and personal liberty.3. Right to be left alone falls under the ambit of Right to life and personal liberty.4. Profiling by executives is violation of a Fundamental Right.a)1, 2, 3 and 4b)1, 2 and 3c)Only 1d)2 and 3Correct answer is option 'B'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice The UAPA Bill proposes to include the names of ‘terrorists’ in the Fourth Schedule proposed to be added to the Unlawful Activities (Prevention) Act, 1967. The law was originally enacted in 1967 with the ostensible object of national integration. An individual may be designated as a terrorist if he commits or participates in acts of terrorism, prepares for terrorism, promotes terrorism or is otherwise involved in terrorism. The Bill also allows a Review Committee constituted by the Central Government to exercise the power of review and de-notify an individual classified as a ‘terrorist’. The amendment is likely to empower the executive to initiate a witch-hunt against political opponents of the ruling dispensation or religious minorities, with no institutional mechanism for judicial review.Categorization as a ‘terrorist’ by the executive bears serious consequences, such as social boycott or loss of employment. Labelling by the executive could also encourage a spiral of intolerance and lead to mob lynching by vigilante groups. The constitutionality of the proposed law deserves to be keenly contested since it could be viewed as colourable legislation which bears the potential for abuse by the executive.The SC, in Shreya Singhal v. Union of India, had identified ‘vagueness’ as one of the grounds for striking down Section 66A in India’s IT Act. The law imposed an unreasonable restraint on online speech. Likewise, the proposed amendment can cause a chilling effect on the freedom of speech and expression which is enshrined as a fundamental right in Article 19 (1) (a) of India’s Constitution. SC had also held that Article 19 (1) (a) would protect free speech to the extent that there is mere advocacy of opinion and no incitement of violence.In K.S. Puttaswamy v. Union of India, SC recently recognized the right to privacy as an integral part of Article 21 which guarantees a right to life and personal liberty. The apex court held that the right to be left alone is a reflection of the inviolable nature of the human personality. Profiling by the executive is thus a violation of Article 21 as it infringes upon the personal autonomy of an individual.The proposed amendment also violates the mandate of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. In 2018, the judiciary played an admirable counter-majoritarian role to read down a colonial-era provision in the IPC which criminalized homosexual acts. The UAPA Bill, 2019 echoes laws made under the colonial regime to crush the freedom movement in the garb of ensuring public order. On the contrary, India’s constitution-makers had envisaged a transformative role for its constitution to usher in an environment where civil rights are protected and not left at the mercy of executive supremacy.Q. Which of the following has been upheld by the Supreme Court of India with regards to the fundamental right of the citizens?1. Vagueness in the wording of law could be a ground to hold the law as unconstitutional if it causes chilling effect.2. Right to privacy falls under the ambit of Right to life and personal liberty.3. Right to be left alone falls under the ambit of Right to life and personal liberty.4. Profiling by executives is violation of a Fundamental Right.a)1, 2, 3 and 4b)1, 2 and 3c)Only 1d)2 and 3Correct answer is option 'B'. Can you explain this answer? tests, examples and also practice CLAT tests.
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