NEWS: Experts have called for reforms to balance national security with constitutional liberties.

ABOUT

• India’s principal law to prevent unlawful activities and deal with terrorism-related offences.
• 2004 Amendment: Incorporated terrorism-related offences.
• 2019 Amendment: Empowered the government to designate individuals as terrorists.
• Section 43D(5): Imposes stringent restrictions on bail.

KEY CONCERNS

• Broad definitions → Risk of misuse and arbitrary application.
• Stringent bail provisions → Prolonged pre-trial detention.
• Delayed trials → Concerns over speedy trial and presumption of innocence.
• Possible chilling effect on free speech and peaceful dissent under Article 19.

IMPORTANT JUDGMENTS

• NIA v. Zahoor Ahmad Shah Watali (2019): Examined the standard for assessing evidence at the bail stage.
• A. Najeeb (2021): Constitutional courts can grant bail where prolonged incarceration threatens fundamental rights.
• Arup Bhuyan (2023): Supreme Court revisited its earlier interpretation concerning membership of banned organisations.

WAY FORWARD

• Clearly define offences and membership provisions.
• Ensure time-bound investigation and trials.
• Strengthen judicial oversight and accountability.
• Protect legitimate dissent, journalism and peaceful expression