Naga People’s Movement of Human Rights v. Union of India

The Supreme Court upheld AFSPA and the related State Act. It said Parliament has power to pass such laws because the Union can deploy armed forces in aid of civil power (Entry 2A). This does not take away the State’s power over “public order.” The Union may declare areas “disturbed” to discharge its duty under Article 355 and to avoid harsher steps like Article 356.

• AFSPA is constitutionally valid.
• Union competence flows from Entries 2, 2A, 97 and Article 248.
• “Disturbed area” notifications can be issued by Centre or Governor.

1. Are AFSPA and the Assam Disturbed Areas Act unconstitutional?
2. Does conferring power on the Centre to declare “disturbed areas” invade the State List entry on public order?

• Article 248 & Entry 97 (Union List): Residuary power to Parliament.
• Entry 2 & Entry 2A (Union List): Armed forces and their deployment in aid of civil power; powers and liabilities while deployed.
• State List (Public Order): States retain legislative field on public order, but Union deployment in aid does not usurp this field.
• Article 355: Union’s duty to protect States against internal disturbance.

The Court upheld AFSPA and the State Act. Parliament can legislate because AFSPA is about deploying armed forces in aid of civil power and setting their powers and duties while deployed. This does not amount to the Union taking over the State’s public order field. Centre’s role supports Article 355 and may prevent breakdown leading to Article 356.

Union competence under Entry 2A (with Articles 248, 355 and relevant Union List entries) permits AFSPA. Declaring an area “disturbed” for deployment is an incident of that Union power and does not encroach upon the State’s legislative power on public order.

• Clarifies Centre–State balance during internal disturbance.
• Links AFSPA to Article 355 duty, not Article 356 takeover.
• Sets boundaries for military aid to civil power.

1. AFSPA is constitutionally valid.
2. Union can deploy armed forces in aid of civil power (Entry 2A).
3. “Disturbed area” declarations by Centre are within competence.
4. State’s public order field remains intact.
5. Article 355 duty justifies timely Union support.

Mnemonic: “Aid, Not Override.”

1. Aid: Entry 2A allows Union to aid civil power.
2. Not: Does not snatch State’s public order field.
3. Override: Article 355 support avoids 356 override.

Issue: Are AFSPA and “disturbed area” declarations constitutional? Do they invade the State’s public order field?

Rule: Articles 248, 355; Union List Entries 2, 2A, 97. Union can deploy armed forces in aid of civil power and frame incidental powers.

Application: AFSPA structures deployment and powers of armed forces during disturbance. Centre or Governor may declare “disturbed areas.” This supports Article 355 and does not replace State legislation on public order.

Conclusion: Acts and notifications upheld. Union competence affirmed. No unconstitutional encroachment found.

AFSPA

A law that empowers armed forces in disturbed areas to aid civil power.

Disturbed Area

A notified region where extraordinary aid is needed to maintain order.

Entry 2A

Union List entry on deployment of armed forces in aid of civil power.