Q. Discuss how national security can be balanced with concerns of human rights.

Model Answer: 

Balancing national security (utilitarian state preservation) with human rights (deontological individual dignity) is essential to uphold constitutional morality (Salus populi suprema lex vs. Article 21).

Ethical Dimensions of the Conflict

• Utilitarianism vs. Rights-Based Ethics: Prioritizing collective security over fundamental freedoms risks state overreach and the erosion of human dignity.
• Rule of Law vs. State Exception: State preservation cannot justify unchecked executive discretion or the permanent suspension of civil liberties.

Frameworks to Institutionalize the Balance

• Puttaswamy Proportionality Doctrine: Mandate the four-fold test—legality, legitimate state aim, suitability, and strict necessity (e.g., Digital surveillance safeguards).
• Adherence to Siracusa Principles: Ensure rights restrictions in emergencies are temporary, non-discriminatory, and subject to challenge.
• Independent Institutional Oversight: Establish judicial and parliamentary scrutiny over security laws and intelligence bodies (e.g., Periodic review of UAPA/AFSPA).
• Internalizing Humanitarian Law: Train security forces in minimum force protocols and human rights ethics (e.g., Counter-insurgency SOPs).

True national security must protect not merely territorial borders, but the intrinsic human rights and constitutional freedoms of its citizens.