Armed Forces (Special Powers) Act (AFSPA) authority

Q.  Who of the following can declare application of AFSPA in a disturbed area?

1) Judiciary (Supreme Court and High Courts only).
2) State Governments
3) Central Government
- Published on 15 Jul 16

a. 3
b. 2, 3
c. 1, 3
d. All of the above

ANSWER: 2, 3
 
  • Section (3) of the AFSPA Act empowers the governor of the state or Union territory to issue an official notification on The Gazette of India, following which the centre has the authority to send in armed forces for civilian aid. It is still unclear whether the governor has to prompt the centre to send in the army or whether the centre on its own sends in troops.
  • Once declared ‘disturbed’, the region has to maintain status quo for a minimum of three months, according to The Disturbed Areas (Special Courts) Act, 1976.
  • The state governments, as in Tripura’s case, can suggest whether the Act is required to be enforced or not. But under Section (3) of the Act, their opinion can still be overruled by the governor or the centre.
  • Judiciary cannot declare AFSPA

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