1. Introduction & Recent Developments:

- The Union Ministry of Home Affairs (MHA) recently extended the implementation of the Armed Forces (Special Powers) Act (AFSPA), 1958 for an additional six months in parts of Nagaland and Arunachal Pradesh.

- This extension covers eight districts and 21 police stations in Nagaland, along with specific regions in Arunachal Pradesh.

2. Historical Overview of AFSPA:

- Originated during British rule in 1942, the Armed Forces Special Powers Ordinance was first instigated to suppress the Quit India Movement.

- It later served as the basis for four ordinances, including one enacted in 1947 for the "Assam disturbed areas", a response to the internal security challenges triggered by Partition.

- The AFSPA, as it is known today, evolved from the Armed Forces (Assam and Manipur) Special Powers Act, 1958, which was implemented to manage rising insurgencies in Naga Hills and neighbouring areas.

- The original Act was replaced by AFSPA in 1958 to have a wider application. A unique version of the Act was passed for Jammu and Kashmir in 1990.

3. What is the AFSPA and Its Purpose?

- Instituted on September 11, 1958, after obtaining presidential approval, the AFSPA emerged in response to escalating violence in North-eastern states, which local governments struggled to contain.

- This Act grants sweeping powers to armed forces and Central Armed Police Forces in the so-called "disturbed areas", offering them legal protection and the authority to kill, arrest, and search without a warrant.

4. Definition and Description of 'Disturbed Areas':

- 'Disturbed areas' under AFSPA are those that receive notification under Section 3, marking territories requiring the aid of armed forces to maintain civil order.

- These areas can be designated as disturbed due to disagreements or conflicts among different demographic groups - religious, racial, linguistic, or regional.

- After being declared 'disturbed', an area remains as such for three consecutive months under the Disturbed Areas (Special Courts) Act, 1976.

- Currently, Union Home Ministry's "disturbed area" notifications to extend AFSPA are applicable only for Nagaland and Arunachal Pradesh.

5. Controversy Surrounding AFSPA: Potent Arguments 'For' and 'Against' the Act:

5.1 Arguments in Favour:

- Persistent Security Threats

- Empowering Security Forces

- Legal Protections for Personnel

- Morale Boost  

5.2 Arguments Against:

- Violation of State's Autonomy

- Excessive Use of Force

- Violation of Civil Liberties

- Lack of Accountability and Transparency

- Evidence of Abuse by Security Forces

6. Supreme Court's Guidelines on AFSPA:

- In 1998, the Supreme Court vouched for AFSPA's constitutionality in the case of Naga People's Movement of Human Rights v. Union of India, and issued a series of conclusions and guidelines pertaining to the Act

7. AFSPA Review Committees and Their Recommendations:

7.1 Jeevan Reddy Committee (2004):

- Repeal AFSPA and insert appropriate provisions in the Unlawful Activities (Prevention) Act, 1967.

- Set up grievance cells in all districts.

7.2 Second Administrative Reforms Commission:

- Recommended the repeal of AFSPA.

7.3 Santosh Hegde Commission:

- Regular six-month reviews of AFSPA.

- Alterations to the Unlawful Activities (Prevention) Act to tackle terrorism.

- Investigations into armed forces' suspected overreaches even in "disturbed areas".

AFSPA continues to remain a contentious issue in Indian governance and public discourse, with its complex legacy of maintaining security and alleged human rights abuses continue to fuel debates regarding its validity, necessity, and potential for reform.