Case Overview

01 A.K. Roy v. UOI 1982

02 Citation: 1982 SCR (1) 711; 1982 SCC (2)

188; 1982 SCALE (1)457; AIR 1982 SC
710
 Facts Of The Case
1. Petitioner: A.K. Roy, a member of Parliament at the time

2. Respondent: Union of India (UOI)

3. Reason for Petition: A.K. Roy was arrested under the provisions of the National Security Ordinance,
1980 (later replaced by the National Security Act, 1980) on charges of activities prejudicial to public order.

4. Petition: Roy challenged the validity of the National Security Ordinance on the grounds that.
 The power to issue an ordinance is an executive power, not a legislative power.

 Therefore, the ordinance was not a legal instrument

Issue

● Violation of fundamental rights under Part III of the

Indian Constitution

● President's power to issue ordinances under Article 123

● Validity of certain provisions of the 44th Amendment

Act, 1978
 Reasons of the judgement

Importance of preventive
detention for national security
01
02 Limits on the exercise of
preventive detention

Procedural safeguards against 03

arbitrary arrest and detention
Analysis

01 Guidance on the application of preventive detention laws

02 Application of proportionality and due process

03 Distinction between legislative and ordinance-making powers

 Conclusion

Constitutional validity of the

National Security Act
01
02 Restriction on President's
ordinance-making power

Benchmarks for procedural 03

safeguards in preventive
detention cases
Thank you for your time