Mere membership of an unlawful organisation is a UAPA offence: Supreme Court overrules earlier judgements
October 5, 2026
  • Read Ecopy
  • Circulation
  • Advertise
  • Careers
  • About Us
  • Contact Us
Android AppiPhone AppArattai
Organiser
  • ‌
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Europe
    • North America
    • South America
    • Africa
    • Australia
  • Editorial
  • International
  • Opinion
  • RSS @ 100
  • More
    • World Hindu Congress 2026
    • Op Sindoor
    • Analysis
    • Sports
    • Defence
    • Politics
    • Business
    • Economy
    • Culture
    • Special Report
    • Sci & Tech
    • Entertainment
    • G20
    • Azadi Ka Amrit Mahotsav
    • Vocal4Local
    • Web Stories
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Law
    • Health
    • Obituary
  • Subscribe
    • Subscribe Print Edition
    • Subscribe Ecopy
    • Read Ecopy
  • ‌
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Europe
    • North America
    • South America
    • Africa
    • Australia
  • Editorial
  • International
  • Opinion
  • RSS @ 100
  • More
    • World Hindu Congress 2026
    • Op Sindoor
    • Analysis
    • Sports
    • Defence
    • Politics
    • Business
    • Economy
    • Culture
    • Special Report
    • Sci & Tech
    • Entertainment
    • G20
    • Azadi Ka Amrit Mahotsav
    • Vocal4Local
    • Web Stories
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Law
    • Health
    • Obituary
  • Subscribe
    • Subscribe Print Edition
    • Subscribe Ecopy
    • Read Ecopy
Organiser
  • Home
  • Bharat
  • World
  • Operation Sindoor
  • Editorial
  • Analysis
  • Opinion
  • Culture
  • Defence
  • International Edition
  • RSS @ 100
  • Magazine
  • Read Ecopy
Home Bharat

Mere membership of an unlawful organisation is a UAPA offence: Supreme Court overrules earlier judgements

Supreme Court (SC) of India overruled the 2011 judgements which held that the mere membership of a banned organisation does not constitute an offence under UAPA and TADA and upheld the constitutional validity of Section 10(a)(i) of the UAPA

WEBDESKWEBDESK
Mar 24, 2023, 03:00 pm IST
inBharat
Follow on Google News
Supreme Court of India

Supreme Court of India

Facebook
Twitter
WhatsAppTelegramEmail

On March 24, the Supreme Court (SC) of India overruled the 2011 judgements in Arup Bhuyan v. State of Assam, Indra Das v. State of Assam and State of Kerala v. Raneef, which held that the mere membership of a banned organisation does not constitute an offence under the Unlawful Activities (Prevention) Act (UAPA) or Terrorism and Disruptive Activities (Prevention) Act (TADA) unless accompanied with some overt violence, Live Law reported.

Furthermore, the SC’s three-judge bench comprising Justices MR Shah, CT Ravikumar and Sanjay Karol upheld section 10(a)(i) of the UAPA, which makes membership in an unlawful or banned organisation to be an offence.

Supreme Court affirms the validity of the Unlawful Activities (Prevention) Act (UAPA) provision which attributes criminality to memberships.

Supreme Court says mere membership of unlawful association is sufficient to constitute an offence under UAPA. pic.twitter.com/oWrQ9Z2ZSs

— ANI (@ANI) March 24, 2023

The SC’s two-judge bench comprising Justices Markandey Katju and Gyan Sudha Mishra held that “mere membership of a banned organisation will not make a person a criminal unless he resorts to violence or incites people to violence or creates public disorder by violence or incitement to violence,” while deciding a bail application under TADA of a person accused to be a member of United Liberation Front of Asom (ULFA). The same bench took the same view in the Indra Das case.

In 2014, the SC’s two-judge bench comprising Justices Dipak Misra and AM Sapre referred the case to a larger bench after the Government of India filed an application seeking reference claiming that the central legislations were interpreted without hearing the Government of India.

In the present case, the SC observed that the constitutionality of the UAPA and TADA’s provisions were not in question in the cases where bail application was passed in the 2011 judgements. Furthermore, the SC noted that the constitutional validity of UAPA and TADA was upheld in earlier judgements.

The SC said, “When a Parliamentary legislation is read down in the absence of the Union, enormous harm would be caused to State if they are not heard,” while faulting the 2011 judgements for reading down the provisions without hearing the Government of India, Live Law reported.

Furthermore, the SC stated that reading down the provisions is not permissible when the language of the provision is plain and clear, Live Law reported. The SC said, “In view of the above section 10(a)(i) should not have read down by this court especially when the constitutional validity of the section was not in question.”

The SC held that the two-judge bench made a mistake when it relied on US Supreme Court judgements, as there is a difference in the nature of laws between the two countries. The SC said, “We do not say for a moment that US Supreme Court decisions may not guide us. But Indian courts are required to consider the difference in nature of laws between two countries,” Live Law reported

The SC upheld the constitutional validity of Section 10(a)(i) and said, “Section 10(a)(i) is absolutely in consonance with 19(1)(a) and 19(2) of the constitution and thus in consonance with the objectives of the UAPA.” Furthermore, the SC noted that the provisions were enacted in interests of the sovereignty and integrity of the nation, which are reasonable restrictions enshrined in Article 19 of the Constitution of India.

The SC declared that the 2011 judgements in Arup Bhuyan v. State of Assam, Indra Das v. State of Assam and State of Kerala v. Raneef were bad in law. Furthermore, the SC overruled the High Court judgements which relied on the aforementioned judgements as bad in law.

Topics: Membership of an unlawful organisation is an offenceUAPATADAMembership of unlawful organisationArup Bhuyan v. State of AssamIndra Das v. State of AssamState of Kerala v. Raneef
Share1
Tweet
SendShareSend
✮ Subscribe Organiser YouTube Channel. ✮
✮ Join Organiser's WhatsApp channel for Nationalist views beyond the news. ✮
Previous News

Rahul Gandhi disqualified as Lok Sabha MP after being sentenced to 2 years imprisonment in Modi surname defamation case

Next News

Politicians, actors, journalists and speakers supported AAP leader Tahir Hussain who has been charged in the case of IB officer Ankit Sharma’s murder

Related News

UP ATS has intensified its probe into the Shahzad Bhatti network, conducting raids across 10 districts

UP ATS conducts simultaneous raids across 10 districts over Shahzad Bhatti network links, over 150 under scanner

Tamil Nadu: SIU Raids Six Houses in Thanjavur Over Hizb-ut-Tahrir Links

Hizb-ut-Tahrir Case: SIU searches homes of six suspected sympathisers in Tamil Nadu’s Thanjavur

Delhi HC denies bail to Umar Khalid, Sharjeel Imam in Delhi riots UAPA case

2020 Delhi Riots Conspiracy Case: High Court denies bail to Umar Khalid, Sharjeel Imam amid prolonged custody

ABVP condemns unauthorised screening of documentary on Delhi riots accused Umar Khalid at NALSAR; seeks action from VC

Sharjeel Imam booked under UAPA for inciting riots in Delhi gets interim bail

Sharjeel Imam, accused of inciting Delhi riots in 2020, gets 7 day bail to attend cousin’s wedding

The NIA has made three fresh arrests in Manipur cases linked to the Trongloabi IED blast and the 2024 CM convoy ambush

Vijayawada Online Radicalisation Case: NIA files chargesheet against Mohammad Shariff, Mohammed Danish & seven others

Load More

Latest News

Assam Police STF busts Pakistan spy network in Guwahati ; Bihar Man arrested

Assam Police STF busts Pakistan spy network in Guwahati, arrests Bihar man Abhishek Kumar

Victorious candidates of ABVP

Gauhati University Students’ Polls:  ABVP registered victory in 6 seats

Violent Students Protest in France

France Students Protest Turns Violent: Teachers attacked & buildings vandalised; Far-left support fuels political fury

Twenty-Five Years of Seva: The Untold Story of Prime Minister Narendra Modi organised by UP Government in Lucknow

Namo Seva: Ankahi Kahaniyan — Celebrating 25 years of Prime Minister Narendra Modi’s public service

Tamil Nadu: Navy sailor arrested in Coimbatore for allegedly leaking sensitive defence information to Pakistan

Representative Image

The Indian Express Exposed: How misleading narratives, selective facts & omitting Islamist offenders distort the truth?

Central Coalfields Transforming Itself for a New India

From 50 MT to 87.5 MT: How central coalfields rebuilt itself for a new India!

Prime Minister Narendra Modi - Russian President Vladimir Putin

Thirukkural to the World: PM Modi and Cultural Diplomacy

SSC CGL 2026 Tier 1 vs Tier 2: Know the difference in exam pattern, subjects and selection process!

Sambhal’s Mahishmati River revived after 30 years as natural water flow returns to 18-km stretch

Sambhal’s lost river returns: Mahishmati revived after decades as water flows through its restored riverbed

Load More
  • Privacy
  • Terms
  • Cookie Policy
  • Refund and Cancellation
  • Delivery and Shipping

© Bharat Prakashan (Delhi) Limited.
Tech-enabled by Ananthapuri Technologies

  • Home
  • Search Organiser
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Africa
    • North America
    • South America
    • Europe
    • Australia
  • Editorial
  • Operation Sindoor
  • Opinion
  • Analysis
  • Defence
  • Culture
  • Sports
  • Business
  • RSS @ 100
  • Entertainment
  • More ..
    • Sci & Tech
    • Vocal4Local
    • Special Report
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Health
    • Politics
    • Law
    • Economy
    • Obituary
  • Subscribe Magazine
  • Read Ecopy
  • Advertise
  • Circulation
  • Careers
  • About Us
  • Contact Us
  • Policies & Terms
    • Privacy Policy
    • Cookie Policy
    • Refund and Cancellation
    • Terms of Use

© Bharat Prakashan (Delhi) Limited.
Tech-enabled by Ananthapuri Technologies