The Indian National Congress (Maharashtra unit) and the Communist Party of India have filed a petition with the Bombay High Court to contest the constitutional validity of the Maharashtra Special Public Security Act, 2025. The case, titled Indian National Congress (Maharashtra State) & Ors v. State of Maharashtra & Ors, questions the legality of the Act, which purports to effectively curb unlawful activities linked to Left Wing Extremist organizations and similar entities.
Passed by the Maharashtra Legislative Assembly on July 10, 2025, and the Legislative Council the following day, the Act received presidential assent on December 15, 2025. The legislation is challenged on grounds that it grants excessively broad and arbitrary powers to the executive, enabling them to proscribe organizations and seize property based on ambiguous definitions of ‘unlawful activity’ and ‘unlawful organization.’
The petitioners argue that the Act violates the fundamental rights guaranteed by the Constitution of India, particularly Article 19(1), which protects freedom of speech and expression, peaceful assembly, and the right to form associations or unions. They contend that the Act’s provisions have a chilling effect on these constitutionally protected rights.
Moreover, the petition criticizes the Act for allowing the government to ban organizations without prior hearing or comprehensive disclosure of evidence. It also challenges the establishment of a non-judicial advisory board, which allegedly lacks independence due to its government-appointed nature.
The Congress and CPI further argue that the Act redundantly overlaps with existing Central and State security laws such as the Unlawful Activities (Prevention) Act (UAPA) and the Maharashtra Control of Organised Crimes Act (MCOCA). They contend that the Act could potentially be misused to suppress opposition parties, civil society groups, and lawful dissent.
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An additional concern raised by the petition is that the Act lowers the threshold for criminality by penalizing mere association with, or passive membership in, organizations later deemed unlawful. It also challenges the Act’s provisions for eliminating the necessity of proving intent or a direct link to violence or disorder.
The petitioners seek a judicial declaration that the Maharashtra Special Public Security Act, 2025, is unconstitutional, and request the quashing of the entire Act. Pending a final hearing, the plea also requests an interim order to prevent the State from enforcing the Act or taking any coercive actions under its provisions.
