Title:
BALANCING NATIONAL SECURITY AND THE RIGHT TO LIVELIHOOD: A CONSTITUTIONAL ANALYSIS OF AFSPA IN NORTHEAST INDIA

Authors:
Dr Mayong Tikhak and Ms Tania Anya

Abstract:
The Northeast region of India represents a distinctive constitutional and legal context where national security laws work along with fundamental rights, indigenous self-government and customary laws. AFSPA (Armed Forces Special Powers Act, 1958) is the important means to deal with insurgency that affect national security. However, if the exceptional powers are used over a period of time, their implications could have repercussions not only on national security but also on livelihood, dignity, movement and socio-economic development of people. This paper looks at the extent to which these laws affect the constitutional right to livelihood guaranteed by Article 21. It adopts a doctrinal and analytical approach to examine the constitutional provisions, statutory powers and leading Supreme Court decisions. The analysis also considers the Northeast’s distinctive constitutional architecture, including Articles 371A–371H and the Sixth Schedule and the implications of prolonged security governance for local autonomy and development. The paper also argues that emergency security legislation does not formally extinguish the right to livelihood. Its constitutional risk lies in the cumulative and indirect effects of prolonged, geographically extensive and weak accountable security measures. It concludes that national security and livelihood are not competing constitutional absolutes, but objectives that must be reconciled through legality, necessity, proportionality, periodic review, civilian oversight and effective remedies.

Keywords:
AFSPA, right to livelihood, national security, Northeast India, socio-economic development

DOI:
https://doi.org/10.37500/IJESSR.2026.9516

Date of Publication: 06-10-2026