Why in the news?

  • Two Tribunals set up under the Unlawful Activities (prevention) Act have upheld the ban instituted by the Union Home Ministry on two Jammu and Kashmir groups.

UAPA Tribunals

  • What is it?: They are the two tribunals constituted under the  Unlawful Activities (prevention) Act, 1967 to ensure judicial oversight and safeguard rights.’
  • Legal Provision: Section 5 of UAPA mentions that when the Central Government issues a notification banning an association, it must refer the matter to a Tribunal within 30 days.
  • Composition: The Tribunal is a one-member body, consisting of a sitting Judge of a High Court, nominated by the Chief Justice of India (CJI).
  • Procedure:
    • The Tribunal must give the concerned organisation an opportunity to be heard.
    • It examines evidence, hears arguments, and decides whether the government’s ban is justified.
    • Must make its decision within 6 months of the notification.
  • Nature of the Tribunal’s Order: The Tribunal’s confirmation is necessary for the ban to remain in force. If not confirmed, the notification lapses.
  • Significance:
    • Checks & Balances: Prevents arbitrary executive action by providing judicial review.
    • Protects Fundamental Rights: Especially Article 19(1)(c) – right to form associations.
    • Upholds Rule of Law: Ensures bans are based on evidence, not political expediency.
  • Criticisms:
    • Transparency concerns: Proceedings are not always open to the public.
    • One-member tribunal gives only limited diversity of judicial opinion.
    • Government dominance: Executive initiates the ban and provides evidence; creates imbalance.
    • Delay in justice: Even if later struck down, organisations suffer reputational and functional damage.