Trace Your Case

ISSUE:

Whether the National Security Ordinance is constitutional or not?

Whether the preventive detention is a valid measure for regulating the liberties of an individual?

Whether the provisions of Section 3 of the National Security Act, 1980 are extremely vague and can easily deprive a person of his liberty?

RULE:

As long as the preventive detention law is made within the legislative power arising out of a legislative entry and is within the conditions and restrictions on that power, it cannot be construed that preventive detention is disallowed under the Indian Constitution.

Further, while care must be taken to restrict the application of the National Security Act, 1980, the statute cannot be struck down for being vague or uncertain.

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