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december 2003

Supreme Court of India · 2003-12-16

People'S Union For Civil Liberties And ... vs Union Of India (Uoi)

Citation / case number
AIR2004SC456
Court
Supreme Court of India
Petitioner
People'S Union For Civil Liberties And ...
Respondent
Union Of India (Uoi)
Author
S. Rajendra Babu
Bench
S. Rajendra Babu, G.P. Mathur

Judgment text excerpt

The Supreme Court upheld the constitutional validity of the Prevention of Terrorism Act, 2002 (POTA), stating that Parliament has the legislative competence to enact laws for national security under Entry 1 of List I, which is distinct from State powers under Entry 1 of List II concerning public order. The Court distinguished the case from Rehman Shagoo, asserting that terrorism poses a threat to the sovereignty and integrity of India, thus justifying central legislation. The judgment reinforced the binding precedent established in Kartar Singh v. State of Punjab regarding legislative competence over terrorism-related laws.

People'S Union For Civil Liberties And ... vs Union Of India (Uoi) · Niyam