Congress, CPI Challenge Constitutional Validity Of Maharashtra Special Public Security Act, 2025 In Bombay HC, Call It Unconstitutional

Mumbai: The Indian National Congress (Maharashtra unit) and the Communist Party of India have approached the Bombay High Court challenging the constitutional validity of the Maharashtra Special Public Security Act, 2025, contending that the law grants sweeping powers to the executive and poses a threat to fundamental rights guaranteed under the Constitution.

The petition seeks to strike down the Act in its entirety and also seeks an interim order restraining the State from enforcing its provisions or taking any coercive action under it until the matter is finally decided.

The Maharashtra Special Public Security Act, 2025, was enacted to provide for the “effective prevention of certain unlawful activities of Left Wing Extremist organisations or similar organisations and for matters connected to it”. The Bill was passed by the Maharashtra Legislative Assembly on July 10, 2025, and by the Legislative Council the following day. It received Presidential assent on December 15, 2025.

The petitioners argue that the legislation confers “wide-ranging, arbitrary and excessive powers” on the executive to ban organisations and attach their properties based on vague and overbroad definitions of “unlawful activity” and “unlawful organisation”.

According to the plea, the Act has a chilling effect on constitutionally protected rights, including freedom of speech and expression, peaceful assembly, and the right to form associations and unions under Article 19(1) of the Constitution.

“The said Act infringes the fundamental guarantees enshrined in the Constitution... thereby having a chilling effect upon the constitutionally protected rights to freedom of speech and expression, peaceful assembly, and associations/unions/co-operative societies,” the petition states.

The parties have further alleged that the Act permits organisations to be declared unlawful without affording them a prior hearing or disclosing the material relied upon by the government. They have also questioned the independence of the advisory board constituted under the law, claiming it is not sufficiently insulated from executive influence.

The petition contends that the Act goes beyond existing security legislations such as the Unlawful Activities (Prevention) Act (UAPA) and the Maharashtra Control of Organised Crimes Act (MCOCA), and could potentially be used against opposition parties, civil society groups and individuals engaged in lawful dissent.

It also challenges provisions that allegedly criminalise passive membership and guilt by association, dispense with the requirement of criminal intent, and empower authorities to attach and take possession of property without adequate procedural safeguards.

The matter is likely to be listed before the High Court for hearing in due course.

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