Summary

An enabling act is a piece of legislation by which a legislative body grants an

entity which depends on it (for authorization or legitimacy) the power to take
certain actions. The first act TADA was centrally implemented for a purpose
which was confined to a particular area. POTA again was majorly enacted post
the attack on parliament in 2001. UAPA is like a surrogate of the earlier acts but
is wider in scope as it deals with unlawful activities and not just terrorism. The
paper establishes the impulsive formation and implementation of anti terror
regimes. An act needs certain specifications to not be considered absurd which
all these acts lacked. From the very basic definition of terrorism to
implementation of laws it consisted there is a lot of vagueness and derailing
from the basic principles of law. Various instances that further took course of
the legal process eventually lead us to mishandling and overuse of power by
authorities that completely destroyed the purpose of any statute. Whereas some
laws like MCOCA enacted by states like Maharashtra are more specific and
useful in nature to curb the crime of terrorism. The paper not only deals with is
contained in the acts but also explains how they fail to serve the objective.
Terrorism can be of any form it does not always imply guns and bombs it means
violence in communication too or harms the sovereignty and integrity of the
country. It is important to comprehend what the crime actually constitutes in
order to curtail it. Certain separatist movement in Punjab and it’s adjoining
areas could be controlled by enacting a firm law for the state rather than a
central act (TADA) that collapsed due to its provisions that were absolutely
against the essence of human rights and justice. The acts have faults in their
procedural norms and fail the significance of audi alteram partem. Pattern of
persecution in various states denote the major flaws in the preparation and
enactment of the anti terror regimes in India. It has been observed by the
supreme court in various cases (Sri Indra Das vs State Of Assam) that several provisions
of these acts if read along with the fundamental rights granted by the
constitution will turn out to be unreasonable. Therefore it is vital that before any
act or statue of formed it shall be in cognisance with other fundamental laws
and principles of the country.