ISSUE:
Whether the Armed Forces [Special Powers] Act and the Assam Disturbed Areas Act, 1955, unconstitutional?
Whether by conferring itself the power to declare an area as a "disturbed area", the centre is legislating on the matter of public order, which has been mentioned as an entry under the State List.
RULE:
Article 248 of the Constitution states that the parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List.
Moreover, by the 42nd amendment, Entry 2A was added to the Union lists, which is as follows- "deployment of any armed force of the Union or any other force subject to the control of the Union or any contingent or unit thereof in any state in aid of the civil power, powers, jurisdiction, privileges and liabilities of the members of such forces while on such deployment."
Public order has been mentioned as an entry in the state list.