Nandini Varshney, Rajiv Gandhi National University of Law, Punjab
Prateek Chandgothia, Rajiv Gandhi National University of Law, Punjab
ABSTRACT
Mere membership in an unlawful association, irrespective of any active or overt participation, can render an individual liable under UAPA, as held by the Supreme Court of India in its recent judgment. The Judgment introduces us to new concepts such as “reading down doctrine” and provides an in-depth knowledge on interpretation of any law from the perspective of legislature, judiciary and an individual. This judgment is of vital importance for establishing that it is essential to compare the conditions in policy formulations of two countries before relying on any foreign judgment. This ratio decidendi is prone to misuse, arbitrariness, and abuse of power because of which it has invited criticism and opposition for itself. The lack of clarity and delineated guidelines in the judgment further exacerbates the vulnerability. Nonetheless, the judgment is a landmark one covering a comprehensive study of UAPA, its interpretation and its social consequences.
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