Manuscript Details - IJARW3222

ManuScript Details
Paper Id: IJARW3222
Title: BETWEEN PRECEDENT AND PERSONAL LIBERTY: JUDICIAL DISCIPLINE IN UAPA BAIL JURISPRUDENCE
Published in: International Journal Of All Research Writings
Publisher: IJARW
ISSN: 2582-1008
Volume / Issue: Volume 8 Issue 4
Pages: 10
Published On: 11/4/2026 8:00:15 PM      (MM/dd/yyyy)
Main Author Details
Name: Dr. Eti Gupta
Institute: Seedling School of Law and Governance, JNU, Jaipur
Co - Author Details
Author Name Author Institute
Abstract
Research Area: Law and Legislature
KeyWord: UAPA Bail; Judicial Discipline; Article 141; Judicial Precedent
Abstract: The stringent bail regime under the Unlawful Activities (Prevention) Act, 1967, particularly Section 43D(5), has generated significant constitutional and jurisprudential concerns concerning the balance between national security and personal liberty. The Supreme Court’s decision in Union of India v. K.A. Najeeb recognised a constitutional safeguard against prolonged pre-trial incarceration where continued detention, coupled with the absence of a realistic prospect of an early trial, would implicate Article 21. Subsequent decisions, including Gurwinder Singh v. State of Punjab and Gulfisha Fatima v. State (NCT of Delhi), adopted approaches that raised questions regarding the practical scope of Najeeb. The controversy ultimately brought into sharper focus the relationship between judicial discretion, Bench strength and the binding force of precedent under Article 141 of the Constitution. Against this background, the paper critically examines Syed Iftikhar Andrabi v. National Investigation Agency, Jammu and evaluates whether a smaller Bench can, through interpretation or distinction, effectively dilute the ratio of a larger-Bench decision. It argues that while factual variation and judicial discretion remain integral to bail adjudication, institutional judicial discipline requires a smaller Bench either to follow the binding precedent or refer the issue to a larger Bench.
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IEEE
Dr. Eti Gupta, "BETWEEN PRECEDENT AND PERSONAL LIBERTY: JUDICIAL DISCIPLINE IN UAPA BAIL JURISPRUDENCE", International Journal Of All Research Writings, vol. 8, no. 4, pp. 130-139, 2026.
MLA Dr. Eti Gupta "BETWEEN PRECEDENT AND PERSONAL LIBERTY: JUDICIAL DISCIPLINE IN UAPA BAIL JURISPRUDENCE." International Journal Of All Research Writings, vol 8, no. 4, 2026, pp. 130-139.
APA Dr. Eti Gupta (2026). BETWEEN PRECEDENT AND PERSONAL LIBERTY: JUDICIAL DISCIPLINE IN UAPA BAIL JURISPRUDENCE. International Journal Of All Research Writings, 8(4), 130-139.
BETWEEN PRECEDENT AND PERSONAL LIBERTY: JUDICIAL DISCIPLINE IN UAPA BAIL JURISPRUDENCE
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