Balancing National Security and Constitutional Rights-Judicial Review of Executive Actions in India.

ASHISH KUMAR PRADHAN

Balancing National Security and Constitutional Rights-Judicial Review of Executive Actions in India.

Author(s)	ASHISH KUMAR PRADHAN
Country	India
Abstract	National security is one of the primary responsibilities of every government. At the same time the constitution of India guarantees fundamental rights such as equality before law,freedom of speech and expression,personal liberty and the right to the constitutional remedies. During this time of emergencies internal disturbances, terrorism,public health crises or other security related situations the executive often exercises wide powers to maintain law and order.while these actions may be necessary to protect the nation they can also affect the constitutional rights of individuals. Therefore, maintaining a balance between national security and individual freedoms remains one of the most important challenges in the democratic society. This study examines the role of judicial review in evaluating executive actions taken in the name of national security in India. It explores how the judiciary has acted as a constitutional guardian by ensuring that executive decisions remain with in the limits of the constitution. Through judicial decisions the court have developed principles such as legality,proportionality,reasonableness and procedural fairness to determine whether restrictions on fundamental rights are justified. The study highlights that judicial review does not prevent the govt from taking necessary security measures but it ensures that such measures must be lawful,non-arbitrary,and consistent with constitutional values. The research also discusses the difficulties faced by the courts while reviewing matters involving national security, where sensitive information, public safety,and urgent decision making often limit judicial scrutiny.it analyses how Indian courts have attempted to strike a careful balance by respecting the executive expertise in security matters while protecting citizens from the misuse of power.the paper further considers the relevance of the constitutional morality, the rule of law, and the judicial independence in preserving democratic governance. The study concludes that national security and constitutional rights should not be viewing as opposing objectives. Rather they must complement each other with in the framework of the constitution. Effective judicial review strengthens public confidence in democratic institutions by ensuring that executive authority is exercised responsibly, transparently, and in accordance with constitutional principles. A balanced judicial approach helps protect both the security of the nation and the dignity and freedoms of the citizens thereby reinforcing the ideals of the justice,liberty,equality,and the rule of law in India.
Keywords	judicial review,national security,constitutional rights,executive actions, fundamental rights,rule of law.
Published In	Volume 8, Issue 5, September-October 2026
Published On	2026-09-13

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Balancing National Security and Constitutional Rights-Judicial Review of Executive Actions in India.

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