Armed Forces Special Powers Act 1958 (AFSPA): UPSC Notes

Violence became the way of life in the northeastern states of India in the 1950s. The state governments could not control this unrest and violence on their own. To tackle this crisis, the President, Dr Rajendra Prasad, promulgated the Armed Forces (Assam and Manipur) Special Powers Ordinance on May 22, 1958. 

By the end of this blog, you will understand AFSPA's role in India's security, the debate around it, and why it is an important topic for the UPSC.

The Armed Forces (Special Powers) Act (AFSPA) 1958 is a law that provides extraordinary powers to the Indian Armed Forces (army, central police forces, and state police) to maintain public order in areas declared as "disturbed areas" (not defined in the act). It allows security forces to conduct operations, make arrests, and use force in regions facing insurgency or serious law and order problems.

The Supreme Court has interpreted "disturbed area" as "an area where peace and tranquillity are absent".

• The Parliament passed the AFSPA on September 11, 1958.
• It is based on Article 355 of the Indian Constitution, which makes it the Union's duty to protect states from external aggression and internal disturbances.
• Applies only to areas officially declared “disturbed,” a status that can be declared by the State Governor, UT Administrator, or the Central Government.
• The Act applies to states like Arunachal Pradesh, Assam, Manipur, Nagaland, and Jammu & Kashmir.
• Areas must be reviewed every 6 months as per Supreme Court guidelines.

Also read: Article 21 UPSC Notes: Protection of Life and Personal Liberty | UPSC Polity Fundamental Rights

AFSPA was created with specific goals in mind to help the government maintain law and order in regions facing serious security threats. Understanding these objectives helps us see why the law was enacted and what problems it was meant to solve.

• Maintain Law and Order: Restore normalcy and prevent insurgent violence in disturbed areas​.
• Protect Territorial Integrity: Prevent separatist movements from threatening India's borders, especially in the Northeast and Jammu & Kashmir​.
• Empower Security Forces: Give armed forces quick decision-making power without bureaucratic delays​.
• Prevent Infiltration: Secure national borders and stop cross-border militancy​.
• Restore Civilian Administration: Help state governments regain control over areas lost to militants​.
• Enable Quick Response: Allow arrests without a warrant and the use of necessary force against immediate threats.

Also read: Lokpal and Lokayukta: UPSC Polity Notes

AFSPA has its roots in colonial rule. Understanding its history helps us see why this law was created and how it evolved.

1. Colonial Origins

• The British colonial government first introduced the Armed Forces Special Powers Ordinance on August 15, 1942, by Viceroy Linlithgow, to suppress the Quit India Movement launched by Mahatma Gandhi.
• After independence in 1947, the Indian government used similar ordinances to deal with partition-related unrest in Bengal, Assam, East Bengal, and the United Provinces.

2. Post-Independence Enactment:

• In 1951, the Naga National Council conducted a plebiscite claiming 99% Nagas wanted a free sovereign nation.
• The Naga Hills boycotted the first general elections in 1952​
• In 1953, the Assam government imposed the Assam Maintenance of Public Order Act in the Naga Hills​
• The state enacted the Assam Disturbed Areas Act in 1955 to provide a legal framework for paramilitary forces​
• When the Assam Rifles and the state police could not control the rebellion, the Naga Nationalist Council set up a parallel government in 1956​.
• President Dr Rajendra Prasad promulgated the Armed Forces (Assam and Manipur) Special Powers Ordinance on May 22, 1958​.
• This ordinance was replaced by the Armed Forces (Assam and Manipur) Special Powers Act in September 1958.

AFSPA contains several important provisions that define its application and scope. The main provisions are found in Sections 3, 4, and 6 of the Act.

Section 3: Power to Declare Disturbed Areas

• A "disturbed area" is a place where violence and law and order problems are so serious that armed forces must help police restore peace.​
• The Governor of the State, Administrator of a Union Territory, or the Central Government can declare an area disturbed.
• The declaration is made by publishing a notification in the Official Gazette, which makes it officially legal.​
• An area must stay declared disturbed for at least 3 months. After that, it can be reviewed and either extended or lifted.​
• The Supreme Court ordered 6-monthly reviews to check if the disturbed status is still needed, preventing indefinite application.
• The act does not specify exactly when an area becomes "disturbed" - it just says the authority must believe it is disturbed.

Section 4: Special Powers of Armed Forces

Any commissioned officer, warrant officer, non-commissioned officer, or person of equivalent rank can:

• Fire upon or use force, even causing death, against any person acting in breach of law.
• Must give due warning before opening fire.
• Can act if they believe it is necessary to maintain public order.
• Prohibit assembly of 5 or more persons.
• Prohibit carrying of weapons or things capable of being used as weapons.
• Destroy shelters, fortified positions, or hideouts likely used by insurgents.
• Can arrest anyone without a warrant if they suspect that person has committed or is about to commit a cognizable offence.
• Can enter and arrest suspects and search without a warrant in any premises.

Section 6: Legal Immunity (Most Controversial)

• No prosecution can be started against any armed force member for actions taken under AFSPA.
• No civil suit can be filed against them.

Exception: Prior sanction from the Central Government (Ministry of Defence or Ministry of Home Affairs) is mandatory for any criminal prosecution.

Also read: List of All Important Constitutional Amendments for UPSC Prelims and Mains

The Supreme Court of India has examined AFSPA in several landmark cases. These judgments have shaped how the Act is implemented and what limits exist on the powers it grants.

1. Naga People's Movement of Human Rights v. Union of India (1998)

A 5-judge Constitution Bench examined the constitutional validity of AFSPA.

• The Act is constitutionally valid under Entry 2A of the Union List and Article 355 of the Constitution.
• Law and order are a State subject, but the Union must maintain integrity under Article 355.
• The act is not a bypass of Article 352 (national emergency) or 356 (President's rule).
• Declaration under Section 3 requires minimal force only - not arbitrary use of force.
• Violations should lead to punishment under the Army Act, 1950.
• Periodic review every 6 months is essential.

2. Extra Judicial Execution Victim Families Association (EEVFAM) v. Union of India (2016)

Important case related to alleged fake encounters in Manipur, the Supreme Court made strong observations about the use of force under AFSPA.

• Armed forces cannot use excessive force even in AFSPA areas.
• Every death caused by armed forces must be thoroughly investigated if there is a complaint of abuse or misuse of power.
• There is no warlike situation in Manipur, and every suspect is not an enemy of the state.
• Armed forces are not immune if excessive force is used.

3. Santosh Hegde Commission Findings (2013):

• The Supreme Court appointed a commission headed by Justice Santosh Hegde to investigate six sample cases of alleged fake encounters in Manipur.
• The commission found that all six killings were unlawful and were not carried out in self-defence.
• Between 1979 and 2012, families alleged 1,528 fake encounters had taken place in Manipur.

Also read: Fundamental Rights Articles 12-35 - UPSC Notes

AFSPA is defended on grounds of national security, operational efficiency, and the need for special measures in conflict zones. Here are the main arguments:

• AFSPA provides armed forces with autonomy to act decisively in insurgency-hit regions, ensuring territorial integrity.
• It enables security forces to secure national borders, especially in sensitive regions like the Northeast and Jammu & Kashmir, which are prone to infiltration and insurgency.
• Armed forces don't need to wait for lengthy permission or warrants and can respond quickly to threats, reducing intelligence delays.
• Helped restore order during the severe Naga insurgency in the 1950s-60s, and ULFA activities in Assam were contained in the 1990s.
• The act is not permanent - it applies only to declared disturbed areas, like Tripura lifted AFSPA in 2015, Meghalaya in 2018, showing it is not indefinite.

Also read: 2nd ARC Report UPSC Mains: Key Recommendations & Summary

AFSPA faces serious criticism from human rights organisations, citizens, and international bodies. The main concerns are about rights violations and accountability:

• AFSPA violates several fundamental rights like Article 14 (Right to Equality), Article 19 (Freedom of Speech), Article 21 (Right to Life and Personal Liberty), and Article 22 (Protection against Arrest and Detention).
• Lack of oversight fosters impunity, where security forces are not held accountable for alleged human rights violations.
• AFSPA conflicts with international human rights standards. For example, it violates the Universal Declaration of Human Rights, which India has signed.
• AFSPA is often compared to the Rowlatt Act of 1919, a draconian colonial law. The Justice Jeevan Reddy Committee in 2005 called it "too sketchy, too bald and quite inadequate".
• Long-term deployment of armed forces results in a trust deficit between the public and the state. For example, Irom Sharmila conducted a 16-year hunger strike (2000-2016) against AFSPA in Manipur.

Recent years have seen both extensions and withdrawals of AFSPA in different parts of India, reflecting changing security situations.

Withdrawal from Some States

• Assam: The Union Home Ministry expressed readiness for partial withdrawal due to the improved security situation
• Meghalaya: AFSPA lifted in 2018
• Tripura: AFSPA lifted in 2015
• Mizoram: AFSPA lifted in the 1980s

Current Status (2025)

• Active in: Manipur, Nagaland, Arunachal Pradesh, parts of Assam, Jammu & Kashmir
• Withdrawn from: Meghalaya, Tripura, Mizoram

Also read: Constitutional Bodies in India

Despite its objectives, AFSPA faces multiple practical and ethical challenges in implementation. These issues continue to be debated:

• The act does not clearly define when an area becomes "disturbed"; the Supreme Court tried to restrict this, but no legislative change was made.
• AFSPA has not restored normalcy even after 50 years. It hasn’t addressed the root causes of unrest and has instead increased mistrust between people and the government.
• Section 6 gives security forces near-total immunity, leading to very little accountability. In Manipur, courts found 17 encounters to be fake, yet no action was taken.
• AFSPA can be extended every six months and has stayed in force for decades. In J&K, it has been active for 34 years, meaning a whole generation has lived with limited rights.
• Key terms like “disturbed,” “dangerous,” and “land forces” are not clearly defined in the Act. This lack of clarity allows misuse and arbitrary declarations of “disturbed” areas.
• Law and order is a State subject, but AFSPA gives the Centre power to override state decisions.

The path forward requires balancing national security with democratic values. Here are practical solutions:

1. The government should regularly assess areas designated as "disturbed" and lift AFSPA where peace prevails.
2. Official accountability should be ensured through departmental inquiries and stringent disciplinary actions.
3. AFSPA should be amended to balance operational flexibility for security forces with stronger safeguards for human rights.
4. The Justice Jeevan Reddy Committee recommended repealing AFSPA and inserting essential provisions into the Unlawful Activities (Prevention) Act of 1967.

A balanced approach combining dialogue, governance reform, accountability, and gradual withdrawal can align AFSPA with India's democratic values while maintaining peace and order in affected regions.

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