Under the UAPA, a notification declaring an association unlawful must be referred to a Tribunal consisting of one sitting judge of which court?
- A.The Supreme Court
- B.A High Court
- C.A District Court
- D.A Sessions Court
Correct answer
Explanation
The correct answer is B, a High Court. When the Central Government declares an association unlawful under the UAPA, the notification does not stand on the Government's word alone: it must be referred to a Unlawful Activities (Prevention) Tribunal constituted of one person who is a sitting judge of a High Court, and the Tribunal decides within six months whether there is sufficient cause to confirm the declaration. A confirmed declaration remains in force for five years. Option A is wrong because no sitting judge of the Supreme Court heads this Tribunal, although appeals in such matters eventually reach that Court. Option C and Option D are wrong because the Act deliberately places the review at the level of a High Court judge rather than a District or Sessions judge, as the ban affects the fundamental right to form associations under Article 19(1)(c). The trap in this question is the word sitting, since many tribunals in India are headed by retired judges.
Read the full article: Internal Security Laws: UAPA, AFSPA, NSA and NIA Notes
Practice Questions
View allThe Unlawful Activities (Prevention) Act was enacted in which year?
- A.1963
- B.1967
- C.1980
- D.2008
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The Unlawful Activities (Prevention) Act was passed by Parliament in 1967 on the recommendation of the National Integration Council, to provide for the banning of unlawful associations and for punishing activity directed against the sovereignty and integrity of India.
Read the full explanation →Which amendment to the Unlawful Activities (Prevention) Act allowed the Central Government to designate an individual as a terrorist?
- A.The amendment of 2004
- B.The amendment of 2008
- C.The amendment of 2012
- D.The amendment of 2019
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Until then the UAPA allowed the Government to notify only an organisation as a terrorist organisation; the UAPA (Amendment) Act, 2019 added the power to notify an individual as a terrorist and to enter that name in the Fourth Schedule of the Act.
Read the full explanation →Under which section of the Armed Forces (Special Powers) Act, 1958 is an area declared to be a disturbed area?
- A.Section 2
- B.Section 3
- C.Section 4
- D.Section 6
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Section 3 of AFSPA empowers the Governor of a State, the administrator of a Union Territory or the Central Government to declare the whole or a part of a State or Union Territory to be a disturbed area, and that declaration is the condition on which every other power in…
Read the full explanation →Prosecution of a person acting under the Armed Forces (Special Powers) Act, 1958 requires the previous sanction of which authority?
- A.The Governor of the State
- B.The High Court of the State
- C.The Central Government
- D.The State Government
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Section 6 of AFSPA provides that no prosecution, suit or other legal proceeding shall be instituted against any person in respect of anything done in exercise of the powers conferred by the Act, except with the previous sanction of the Central Government.
Read the full explanation →What is the maximum period for which a person may be detained under the National Security Act, 1980?
- A.Three months
- B.Six months
- C.Twelve months
- D.Twenty-four months
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The National Security Act, 1980 permits preventive detention for a maximum of twelve months from the date of detention, though the detaining authority may order a shorter period and extend it within that ceiling.
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