Armed Forces Special Powers Act,1958 | Current Affairs | Amit Tiwari | Tarun IAS

Описание: Armed Forces Special Powers Act,1958

Why in News?
Nagaland has been declared as Disturbed zone under the AFSPA, 1998 for six more months.

Areas under AFSPA
Assam
Jammu and Kashmir
Ladakh
Nagaland
Manipur
Parts of Arunachal Pradesh



Evolution of AFSPA
1958
Armed Forces (Assam and Manipur) Special Powers Ordinance
1958
The Armed Forces (Special Powers) Bill Passed
1972
Amendment to the act provided the powers on central government to declare disturbed Area


Power to Declare Disturbed Area
Governor
Governor can issue a notification in the official Gazette
State Government can also recommend to the governor
Administrator of UT
For a UT the Administrator of the UT may declare any part or the whole of area to be disturbed area.
Central Government
After the Amendment of 1972, the Central Government has also been empowered to declare any area as Disturbed are
Ministry ofHome Affairs is the nodal Body

Protections to the officers of Armed Forces
No prosecution, suit or other legal proceeding shall be instituted, except with the previous sanction of the Central Government, against any person in respect of anything done or purported to be done in exercise of the powers conferred by this Act.


Major SC Judgements
Inderjit Barua Vs. State of Assam

Conferment of power on non-commissioned officers like a Havaldar cannot be said to be bad and unjustified
The Governor is empowered to declare any area of the State as “disturbed area’. It could not be arbitrary on ground of absence of legislative guidelines;

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

1. Section 3 cannot be construed as conferring a power to issue a declaration without any time limit. There should be periodic review of the declaration before the expiry of six months;



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