Senior Congress leader P Chidambaram on Friday strongly opposed the new provision in the anti-terror law UAPA that lets the government label an individual a “terrorist”, calling it unconstitutional and warning that the power could be abused. Addressing the Rajya Sabha, Chidambaram, a former Union minister, said his party would go to the Supreme Court if the bill was passed.

Bill passes Upper House

The Rajya Sabha passed the Unlawful Activities (Prevention) Amendment Bill, 2019 roughly an hour after his speech. The Lok Sabha had approved it on July 29.

“There will be serious repercussions in naming an individual a terrorist… this amendment will be struck down,” Chidambaram said, adding that the Congress would approach the court located a kilometre from Parliament.

Why the change is contested

The amendment would allow the Centre to designate a person a terrorist if they are found to be committing, preparing for, promoting or involved in terrorism, by publishing the name in the official gazette. The person would not get a hearing, and no court conviction would be needed. Until now, the UAPA only allowed the government to ban organisations.

The bill does not set out the standard of proof needed to show that someone is, or is likely to be, involved in terrorism, and it does not require any case to be filed before a person is designated. Several Opposition parties and civil liberties lawyers have criticised the change, saying it could be used to silence dissent and curb civil liberties.

Government and Opposition arguments

Amit Shah said the bill was needed to root out terrorism, since banned groups often change their names, making it necessary to be able to declare individuals as terrorists. He said there would be a four-stage scrutiny and noted that the US, China, Pakistan, the United Nations and the European Union also designate individuals.

Chidambaram questioned the government’s motives and accused it of mischief in seeking to brand people as terrorists without due process. “You cannot compare Hafiz Saeed and Gautam Navlakha,” he said. Navlakha is an activist booked and arrested by Pune Police under the UAPA over alleged links with Naxals.

See also: Indian National Congress and political leaders.

Originally published on 2 August 2019. Rewritten on 9 October 2026.

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