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Fundamental Rights Vis-À-Vis Security Laws: A Paradox

Abdul Basit Baig Mirza
Dwaipayan Banerjee

Abdul Basit Baig Mirza & Dwaipayan Banerjee, Fundamental Rights Vis-À-Vis Security Laws: A Paradox, Vol. 12 Iss 1 (1), IJLR (2026)

Abstract

This paper examines the tension between the protection of fundamental rights and the operation of security laws in India. While the Constitution guarantees several basic freedoms, the State also claims wide powers to maintain public order and national security through special legislation. The study reviews how such laws often place restrictions on civil liberties such as freedom of speech, personal liberty, and protection from arbitrary detention. By analysing constitutional provisions, judicial responses, and the practical impact of security legislation, the paper highlights the continuing conflict between individual freedoms and the demands of state security. It argues that although security concerns cannot be ignored, unchecked powers may weaken constitutional safeguards and democratic values. The discussion therefore stresses the need for careful scrutiny and balanced application of security laws so that the protection of the State does not come at the cost of the rights guaranteed to citizens.

Keywords

Fundamental Rights, Security Laws, Civil Liberties, Constitutional Safeguards, National Security

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