Power
to declare areas to be disturbed areas.—If, in relation to any State or Union
Territory to which this Act extends, the Governor of that State or the
Administrator of that Union Territory of the Central Government in either case,
is of the opinion that the whole or any part of such State or Union Territory,
as the case may be, is in such a disturbed or dangerous condition that the use
of armed forces in aid of the civil power is necessary, the Governor of that
State or the Administrator of that Union Territory or the Central Government,
as the case may be, may, by notification in the Official Gazette, declare the
whole or such part of such State or Union Territory to be a disturbed area.
Sir my doubt is regarding the
authority who 1) Whether centre/state has a veto over declaring and 2) Revoking
AFSPA, because as I understand, the authority regarding invoking and revoking-
both vests equally in Centre and States . And secondly- is there a need to
initiate AFSPA via a statute, or could it be done with an executive order too
Act
clearly says governor - that clearly means central govt with advise from state
govt. AFSPA itself is a statute. Law and order is a state subject State through
governor asks for centre / army support by declaring an area as affected under
AFSPA.
but is the chain of command the
same for "revoking" as well?
CM
can advise the governor to revoke the area
so he has no "power" as
such- going as per the article then?
Only
the governor has the power. CM has the power to give such an advice not the
power to revoke
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