Pursuant to the acceptance of recommendations of the Committee on National Integration and Regionalisation, the Constitution (Sixteenth Amendment) Act, 1963 was enacted to impose, by law, reasonable restrictions in the interests of the sovereignty and integrity of India. In order to implement the provisions of 1963 Act, the Unlawful Activities act was passed.
Issues with the act are as follows:
- The definition of the act which allows government to ban Unlawful and Terrorist organizations is very broad and vague as it defines unlawful organizations as organizations which disclaims and questions the territorial integrity of nation andspreads disaffection.
- Section 20 of the acts provide for punishment upto life imprisonment for having the membership of such organizations, but the word membership has not been defined.
- Section 43D(5) of the act prohibits granting of bail by court if the police report indicates accusations against the arrested person to be true prime facie.
- Section 46 of the act makes intercepted communications admissible in court though confessions are not admissible in courts in regular cases.