The Indian National Congress (Maharashtra unit) and the Communist Party of India jointly filed a petition before the Bombay High Court on June 19, 2026, challenging the constitutional validity of the Maharashtra Special Public Security Act, 2025 and seeking a stay on its enforcement.
The petition, titled Indian National Congress (Maharashtra State) & Ors v. State of Maharashtra & Ors, seeks to strike down the Act in its entirety, according to Bar & Bench.
Background: How We Got Here
The Maharashtra Special Public Security Act, 2025 was enacted to provide for the “effective prevention of certain unlawful activities of Left Wing Extremist organisations or similar organisations and for matters connected to it,” as reported by Bar & Bench and the Free Press Journal.
The Bill was first introduced during the 2024 monsoon session by then Deputy Chief Minister Devendra Fadnavis. It was referred to a Joint Select Committee headed by Revenue Minister Chandrashekhar Bawankule in December 2024, and reintroduced after the Maha Yuti alliance returned to power.
- The Maharashtra Legislative Assembly passed the Bill on July 10, 2025, and the Legislative Council cleared it the following day, July 11, 2025, per Bar & Bench.
- Presidential assent was granted on December 15, 2025, making the Act officially enforceable, according to Bar & Bench and the Free Press Journal.
- The Bill drew over 12,500 objections during the Joint Select Committee phase and faced large public protests, including a rally at Azad Maidan on June 30, 2025.
- CPI(M) MLA Vinod Nikole was the sole member of the Vidhan Sabha who spoke on record in opposition to the Bill during legislative proceedings, per Peoples Democracy.
The Petition’s Key Findings
The petitioners contend that the Maharashtra Special Public Security Act is illegal and unconstitutional, alleging it confers wide-ranging, arbitrary and excessive powers on the executive to ban organisations and attach property on the basis of vague definitions of “unlawful activity” and “unlawful organisation,” as reported by Bar & Bench.
The petition quotes the plea directly:
“The said Act infringes the fundamental guarantees enshrined in the Constitution…thereby having a chilling effect upon the constitutionally protected rights to freedom of speech and expression, peaceful assembly, and associations/unions.” — Petitioners (INC Maharashtra & CPI)
The plea raises the following specific constitutional grievances, according to Bar & Bench and the Free Press Journal:
- The Act allows banning of organisations without a prior hearing or full disclosure of material, and establishes a non-judicial advisory board that lacks independence from the appointing government.
- The statute lowers the criminal threshold by criminalising mere association, tendency towards unlawful acts, and even passive membership of an organisation later declared unlawful — and dispenses with the requirement of criminal intent.
- The Act duplicates and goes beyond existing security legislation such as the Unlawful Activities (Prevention) Act (UAPA) and the Maharashtra Control of Organised Crimes Act (MCOCA).
- The law could be used against opposition parties, civil society groups, and individuals engaged in lawful dissent, the petitioners warn.
The petition argues that these provisions violate Article 19(1) of the Constitution of India, which protects freedom of speech and expression, peaceful assembly, and the right to form associations and unions, per LiveLaw.
Alongside the prayer to strike down the Act, the petitioners seek an interim order restraining the State from enforcing its provisions or taking any coercive action under the Maharashtra Special Public Security Act until the matter is finally decided, according to the Free Press Journal.
Reactions & What’s Next
Chief Minister Devendra Fadnavis had previously assured journalist associations that the law would not infringe freedom of expression and would target only organisations involved in anti-national activities, not individuals. He cited similar laws in Telangana, Andhra Pradesh, Odisha, and Jharkhand as precedent.
As of June 19, 2026, the matter is yet to be listed for a hearing before the Bombay High Court. No interim order or substantive ruling has been reported, per Bar & Bench and the Free Press Journal.
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What is the Maharashtra Special Public Security Act, 2025?
The Maharashtra Special Public Security Act, 2025 is a law enacted by the BJP-led Mahayuti state government to prevent certain unlawful activities of Left Wing Extremist organisations or similar organisations. It received Presidential assent on December 15, 2025.
Who has challenged the MSPSA 2025 in the Bombay High Court?
The Indian National Congress (Maharashtra unit) and the Communist Party of India jointly filed the petition, titled Indian National Congress (Maharashtra State) & Ors v. State of Maharashtra & Ors, on June 19, 2026.
What relief have the petitioners sought?
The petitioners seek to strike down the entire Act and also seek an interim order restraining the State from enforcing its provisions or taking any coercive action under the Maharashtra Special Public Security Act until the High Court finally decides the matter.
When was the Bill passed by the Maharashtra legislature?
The Maharashtra Legislative Assembly passed the Special Public Security Bill on July 10, 2025, and the Legislative Council passed it on July 11, 2025. Presidential assent followed on December 15, 2025.
Disclaimer
Disclaimer: This article is for general information only and does not constitute legal advice. Laws may change or vary by case — consult a qualified lawyer before acting. The Courtroom is not liable for any reliance on this content.
