NATIONAL SECURITY AND FUNDAMENTAL RIGHTS: THE CONSTITUTIONAL BALANCE IN INDIA

The article discusses the balance found by the Constitution of India between national security and fundamental liberties. Even though Part III assures fundamental freedoms, it should be noted that the Constitution permits a number of restrictions on those freedoms in the interest of such issues as sovereignty, security of the state, and public order. In this regard, the article analyses the legal basis for such limitations with particular reference to Articles 19, 21, and 22 of the Constitution of India. In addition to this, the article describes the role of courts in assuring that any measures related to national security observe the principles of legality, necessity, and proportionality. Furthermore, the article presents several judicial cases dealing with matters of preventive detention, shutdown of the internet, privacy rights, and the legislation on fighting terrorism conducted by teh courts of the country. In other words, the article raises other contemporary challenges faced with legal regulations of digital surveillance in modern society.