National security, public order and the rule of law: Analysis of the role of the higher judiciary in context of article 14, 19 and 21 of the constitution
Umesh Shrikrishnarao Aswar
Rule of law is the base of true democratic systems. Concepts of national security and public order have also gained significance in democratic countries. The rule of law includes the ‘predominance of the legal spirit’ which has made this concept vibrant and dynamic. Apart from the fundamental rights inclusive of the concept of liberty; it has also literally encompassed the concept of human right within its sphere. Thus implementation of the doctrine of the rule of law operates as the parameter of the existence of the Constitutionalism in the true democratic countries.With the growth of the nation state system at international level the national security and the public order has become matter of concern for all states including democratic countries. On the background of the First World War, Second World War followed by the Cold War democratic countries are keen to protect their sovereignty by paying special attention towards maintenance of public order and national security.Protection of national security and maintenance of public order results into expansion of the powers of the state and its agencies. Therefore its impact on upholding the rule of law is the matter of concern in the democratic countries. Judicial organ of the state is expected to maintain the balance on one hand between national security, public order and on the other hand with the rule of law.