Vs.

Judges: K. RAMASWAMY & S. SAGHIR AHMAD, JJ.

Date of Judgment: Feb 10, 1997

LAND ACQUISITION

Defence of India Act, 1971

As amended in 1975 – Article 352 of Constitution – Emergency for providing measures to enable public safety and interest – 1975 Amendment introduced concept to internal security.

The Defence of India Act, 1971 was enacted in 1971 with a view to providing for special measures to ensure the public safety and interest, the defence of India and civil defence and for the trial of certain offences and for matters connected therewith. The Preamble of the Act laid down that whereas the President has declared by Proclamation under clause (1) of article 352 of the Constitution that a grave emergency exists whereby the security of India is threatened by external aggression; and whereas it is necessary to provide for special measures to ensure the public safety and interest, the defence of India and civil defence, and for the trial of certain offences and for matters connected therewith that the Act was enacted by the Parliament in the twenty second year of the Republic of India. The said Act was subsequently amended by Defence of India (Amendment) Act, 1975 being Act 32 of 1975 whereby concept of internal security was also introduced in the said Act for enabling the authorities to exercise powers under the said Act as amended and that is how the Act was thereafter known as Defence and Internal Security of India Act, 1971. (Para 8)