Supreme Court of India · 2003-12-16
PEOPLE'S UNION FOR CIVIL LIBERTIES &ANR. vs UNION OF INDIA
- Citation / case number
- SC 2002/9753
- Court
- Supreme Court of India
- Petitioner
- PEOPLE'S UNION FOR CIVIL LIBERTIES &ANR.
- Respondent
- UNION OF INDIA
Judgment text excerpt
The Supreme Court upheld the constitutional validity of the Prevention of Terrorism Act, 2002 (POTA), asserting that Parliament has the legislative competence to enact laws addressing terrorism under Entry 1 of List I, distinct from mere public order issues under List II. The Court distinguished the current legislation from previous rulings, particularly Kartar Singh v. State of Punjab, 1994, affirming that acts of terrorism threaten national sovereignty and integrity, thus justifying central legislation. The Court concluded that the provisions of POTA are necessary to combat the evolving nature of terrorism, which poses significant challenges to state security and public order.