New Delhi: The term 'anti-national' is not defined in statutes and was removed from the Constitution in 1976, a year after it was inserted, junior Home Minister Nityanand Rai told the Lok Sabha on Tuesday.
The phrase 'anti-national' is used liberally by members of the ruling BJP when attacking critics of the party and Prime Minister Narendra Modi's government.
There are, however, "criminal legislations and various judicial pronouncements to sternly deal with unlawful and subversive activities which are detrimental to the unity and integrity of the country" the minister said in a written reply.
Mr Rai was responding to a question from AIMIM chief and MP Asaduddin Owaisi, who asked the government if it had defined the term under any legislation, 11 rules, or any other legal enactment.
In his reply the junior Home Minister said the phrase had been inserted into Article 31D of the Constitution via the 42nd amendment - passed in 1976 (during the Emergency).
Article 31D was subsequently omitted, the minister said, by the 43rd amendment in 1977.
"... it is relevant to mention the Constitution (Forty-Second Amendment) Act, 1976, inserted in the Constitution Article 31D (during Emergency), which defined "anti-national activity". And this Article 31D was, subsequently, omitted by the Constitution (Forty-Third Amendment) Act, 1977," he wrote.
Mr Owaisi had also asked if the Supreme Court had prescribed guidelines to deal with crimes relating to 'anti-national' activity.
On the issue of people arrested for "anti-national" activities over the past three years, the minister said such data was not maintained by the central government.
"'Public Order' and 'Police' are State subjects, as per the Seventh Schedule of the Constitution of India. The responsibility of maintaining law and order, including investigation, registration and prosecution of crimes, protection of life and property, etc. rests primarily with the respective State Government," stated the minister in his written reply.