Did the Supreme Court strike down AFSPA?

No. It held the Act valid in 1997 but said disturbed-area declarations and use of force can be reviewed and that abuse is not immune.

Is Section 6 a total pardon?

It delays and filters prosecution. The Court’s line is that it cannot be used as a prior pardon for crimes that are not bona fide official acts.

Human right activists constantly highlight the fact that the Armed forces

Revision summary

Open summary Close summary

Activists oppose AFSPA Section 3 (open-ended disturbed areas), Section 4 lethal force and warrantless search and arrest, and Section 6 sanction for prosecution. The Supreme Court in 1997 held the Act valid but subject to judicial review, minimum force, and prompt handover to police. Section 6 does not legalise murder or rape; abuse can still be tried if sanction is not a burial. Operational need can exist in a live insurgency; permanent, unreviewed AFSPA fails both rights and counter-insurgency legitimacy. Reform is time-bound maps, audited force, and fast sanction decisions.

Model answer

Flow diagram

flowchart TD
  S3[Section 3 disturbed area] --> S4[Section 4 fire search arrest]
  S4 --> S6[Section 6 Central sanction]
  S6 --> IMP[Impunity complaint]
  SC[Supreme Court 1997] --> VAL[Act valid]
  SC --> LIM[Review minimum force no abuse immunity]
  LIM --> NEED[Time-bound operational need only]

Conclusion

Follow the 1997 guidelines in the field, not only in affidavits.
Independent investigation of encounter deaths; fast yes-or-no on prosecution sanction.
Review disturbed-area maps every six months in Parliament’s sight.
Train troops in minimum force and in recording warnings, so Section 4(a) is not a street-execution clause in practice.

Activists target Sections 3, 4(a)–(d), and especially 6: disturbed-area permanence, lethal force, warrantless search and arrest, and Central sanction. The Supreme Court upheld AFSPA but bound it to review, minimum force, and no immunity for abuse. The Act may still be required in a narrow, time-bound insurgency. It is not required as a permanent shield against the criminal law.

Quick related

Students also ask

Religious indoctrination via social media has resulted in Indian youth joining the ISIS. What is ISIS and its mission? How can ISIS be dangerous to the internal security of our country.
Next question in the 2015 paper (Q18). View answer →
Did the Supreme Court strike down AFSPA?

No. It held the Act valid in 1997 but said disturbed-area declarations and use of force can be reviewed and that abuse is not immune.
Is Section 6 a total pardon?

It delays and filters prosecution. The Court’s line is that it cannot be used as a prior pardon for crimes that are not bona fide official acts.

PYQ trend

When UPSC asked this

Related PYQs from other years, newest first. Open a question to read it.

More from this paper

Q1 · UPSC Mains 2015 · GS III · 12 marks

The nature of economic growth in India in recent times is often described as a jobless growth. Do you agree with this view? Give arguments in favour of your answer.

Indian Economy

Jobless growth means GDP rises much faster than decent employment. NSSO-era data showed weak employment elasticity in the 2000s despite high output growth. Organised manufacturing stayed thin; services and capital-intensive industry added value with few regular jobs. Construction and informal work absorbed some labour, so the claim is about quality more than a literal zero. A job-rich path needs labour-intensive factories, skills and easier formal hiring.

View answer → Download PDF

Q2 · UPSC Mains 2015 · GS III · 12 marks

Livestock rearing has a big potential for providing non- farm employment and income in rural areas. Discuss suggesting suitable measures to promote this sector in India.

Indian Economy

Livestock gives year-round cash, especially to small and land-poor rural households. Dairy cooperatives and NDDB already proved a scalable non-farm income model. National Livestock Mission, Rashtriya Gokul Mission and the National Dairy Plan are the present Union tools. Feed, vaccination, insurance and milk-meat markets decide whether animals actually raise income. Women and landless workers gain most from backyard poultry, goats and dairy if extension reaches them.

View answer → Download PDF

Q3 · UPSC Mains 2015 · GS III · 12 marks

In the view of the declining average size of land holdings in India which has made agriculture non - viable for a majority of farmers should contract farming and land leasing be promoted in agriculture? critically evaluate the pros and cons.

Crops, Irrigation and Marketing

Average holdings near 1.15 hectares make many farms too small to cover cost and risk. Contract farming can bring price, seed and offtake, as the Model APMC Act 2003 envisaged. Unequal bargaining, quality rejection and monoculture are the main contract risks. Legal leasing can assemble scale and open credit while the owner keeps title; informal tenancy already exists. Both tools need written terms, FPOs and clean records, not a free hand for sponsors.

View answer → Download PDF

Toppers' copies

Toppers' copies for this question will be uploaded soon.