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What legal mechanisms can prevent political misuse of laws like sedition and anti-terrorism statutes?

Posted by jobseeker Lavanya Bhardwaj | Approved
Answers (1)

1. Judicial Review – Courts can strike down arbitrary or unconstitutional applications of such laws.

2. Strict Interpretation – Laws should be interpreted narrowly to protect fundamental rights (e.g., free speech).

3. Mandatory Prior Sanction – Prosecution under sedition or UAPA requires government sanction, adding a layer of scrutiny.

4. Time-Bound Investigations – Imposing timelines to avoid prolonged misuse through pre-trial incarceration.

5. Bail Safeguards – Ensuring fair access to bail, especially for non-violent and dissenting individuals.

6. Parliamentary Oversight – Regular review and audit of the application of such laws by parliamentary committees.

7. Independent Human Rights Commissions – Empowering them to monitor and report abuse of these laws.

8. Guidelines by Supreme Court – Clear operational directions (e.g., Kedar Nath Singh case on sedition).

9. Media and Civil Society Vigilance – Public scrutiny and legal aid support for misuse victims.

10. Law Reform Commissions – Periodic review of outdated or overly broad provisions.

Answered by jobseeker Vipra | Approved

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