Mains Answer Writing - 22 May, 2026

GS2

Indian Polity

15 marks

“The Supreme Court’s judgment in Syed Iftikhar Andrabi vs National Investigation Agency, Jammu reaffirms that constitutional guarantees of personal liberty and speedy trial cannot be eclipsed by stringent anti-terror laws.”
In this context, critically examine the tension between national security and individual liberty under the Supreme Court of India interpretation of the Unlawful Activities (Prevention) Act (UAPA). Discuss the significance of the K.A. Najeeb judgment in safeguarding constitutional rights.

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Tips for your answer

Start with Constitutional Principles
Briefly mention Article 21 (Right to Life & Personal Liberty) and the importance of a speedy trial, then connect them with UAPA’s stringent bail provisions under Section 43-D(5).
Compare the Judgments Smartly
Use a mini comparison:
K.A. Najeeb (2021): Liberty + long incarceration = bail possible.
Gurwinder Singh & Gulfisha Fatima: Narrow interpretation.
Andrabi case: Restores Najeeb principle and judicial consistency.
Maintain Balance in Conclusion
Avoid taking an extreme stand. Conclude that India must balance national security with constitutional morality, ensuring anti-terror laws do not undermine the presumption of innocence and due process.

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