Report No. 43
1.12. Its importance.-
That this Act constitutes a vital link in the chain of enactments of importance to national security, cannot be doubted. Activities intended to "detach a part of the territory of a country" (as described in some of the foreign Penal Codes1 ) stand at the apex of treasonable activities. They go much beyond the formation of a parallel Government or acts of overthrowing the Government, which are the subject-matter of some of the provisions in Chapter 6 of the Indian Penal Code. Such activities, if successful, would bring into existence a parallel nation with its own "sovereignty and territorial integrity" which will be a rival to the country from which the territory is "detached".
There is, therefore, enough justification for bringing the offences covered by this Act within the fold of legislation on national security.2
1. E.g. section 802 of the German Penal Code provides that anybody who by force or threat of force undertakes to detach a part of the territory there form shall be guilty of high treason. Article 101 of the Yogoslav Penal Code punishes acts aimed at detaching a socialist republic, autonomous unit or any part of the territory form Yogoslavia by force or in any other unconstitutional way.
2. It appears that the constitutional validity of this Act is under challenge in two writ petitions (Nos. 60 and 81 of 1971), which have recently been admitted by the Supreme Court. But we may proceed on the assumption that Act is constitutional until the Supreme court holds otherwise.
1.13. Apart from the aforesaid statutes, there are provisions in other Acts mainly of a procedural nature which have a bearing on national security and integrity1 but as they form part of special statues, dealing with other subjects also, we would not recommend their incorporation in the new law.
1. (a) The Dramatic Performances Act, 1876, section 3(b).
(b) Sections 99A to 99G and section 108 of the Code of Criminal Procedure, 1898.
(c) Sections 20 to 27 of the Post Office Act, 1897.
(d) Section 11 of the Customs Act, 1962.