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Question

Discuss how national security can be balanced with concerns of human rights.

National security and human rights are not adversaries but complementary pillars of a democratic state — security without rights breeds tyranny; rights without security breed anarchy.

Balancing Framework:

  • Constitutional Anchor: Article 21 (life and liberty) permits reasonable restrictions; the Supreme Court's Puttaswamy judgment mandates legality, necessity, proportionality.
  • Rule of Law: Anti-terror measures (UAPA, NSA) must be exercised with judicial oversight, not executive whim.
  • Due Process: Detention, surveillance and interrogation must respect procedural safeguards; custodial torture is absolutely prohibited.
  • Independent Oversight: NHRC, judiciary and parliamentary committees to scrutinise security operations.
  • Sunset Clauses on emergency laws prevent normalisation of exceptional powers.
  • Community Trust: In insurgency-affected regions (J&K, Northeast, LWE areas), winning "hearts and minds" is a strategic asset — Operation Sadbhavana exemplifies this.
  • Transparency: Redress mechanisms for excesses build public confidence.

As Ambedkar cautioned, constitutional morality restrains power — genuine security flows from justice, not fear.


 

Answered By:

Sakshi Negi

Sakshi Negi is a Delhi-based journalist and content specialist with expertise in educational content and digital media, focusing particularly on government exam preparation and career guidance. With a degree in Journalism and Mass Communication from NRAI School of Mass Communication and her background as a Kendriya Vidyalaya alumna, she brings unique insights into the Indian education system and government sector opportunities.

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Important Questions from GS4

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  3. Dr. B. R. Ambedkar had cautioned that employing civil disobedience within a constitutional democracy equates to endorsing 'anarchy'. How should modern democracies navigate the ethical dilemmas posed by civil disobedience movements that aim to promote social justice against policies that may raise genuine concerns?

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