16/01/2026
A Public Constitutional Appeal for Immediate Intervention and Accountability in the Administration of the Arms Act, 1959
To
The Ministry of Home Affairs, Government of India
And
All State Governments & Licensing Authorities
---------------------------------------------------
This is a formal, lawful, and urgent public appeal seeking the immediate attention of the Ministry of Home Affairs and all State authorities regarding the systemic breakdown in the administration of the Arms Act, 1959.
The Arms Act, 1959 is a Parliamentary enactment, not an executive favour. It was framed to balance public safety with the constitutional rights of law-abiding citizens under Articles 14, 19, and 21 of the Constitution of India. That balance has now been seriously and visibly destroyed.
Across multiple States, arms licensing has not been restricted by statute or Parliamentary amendment. Instead, it has been quietly, arbitrarily, and unlawfully curtailed through:
Executive instructions without statutory backing
Subjective and undefined “policy” barriers
Indefinite delays without timelines
Oral rejections or silent denials without written orders
These practices have no sanction under the Arms Act, 1959 or the Arms Rules, 2016. What cannot be done by law cannot be done indirectly by administration.
Licensing authorities were constituted to regulate lawfully, not to discourage by attrition. Today, however, authorities routinely:
Sit indefinitely on applications
Refuse renewals or endorsements without reasoned orders
Harass existing licence holders during routine compliance
Act beyond statutory discretion while avoiding accountability
This conduct violates the rule of law, natural justice, and binding constitutional principles laid down repeatedly by the Hon’ble Supreme Court.
At the same time, a glaring contradiction remains unresolved:
Illegal arms proliferation continues unchecked.
Criminal networks do not apply for licences.
They do not submit police verifications.
They do not await administrative approvals.
Only law-abiding citizens comply — and only they are punished.
When lawful channels are choked while illegal markets flourish, public safety is not enhanced — it is actively undermined.
This appeal does not seek indiscriminate licensing.
It seeks lawful governance.
Specifically, this appeal demands:
Statutory, objective, and transparent licensing criteria
Written, reasoned, and appealable orders for every approval or refusal
Uniform application of the Arms Act and Rules across all States
An end to arbitrary discretion masquerading as “policy”
Institutional respect for compliant citizens and licensed arms dealers
A democracy governed by law cannot function through silent denial and administrative exhaustion.
If the policy intent of the State is to restrict civilian arms ownership, then constitutional honesty demands that:
Such intent be openly declared
Debated in Parliament
Enacted through law, not imposed through bureaucratic suffocation
Critical Unresolved Failure: NDAL / ALIS System
A grave regulatory failure persists even after more than a decade:
There is no effective, functional, or reliable mechanism on the NDAL/ALIS portal for licensed arms dealers to:
Verify the validity of licences
Confirm cancellation, suspension, or expiry
Upload or cross-verify transactions in real time
This administrative vacuum exposes licensed dealers to harassment, criminal liability, and arbitrary action, while delivering no corresponding public safety benefit.
A system that exists on paper but not in function cannot be used to penalise citizens.
Further, widespread public perception now exists that:
Ordinary citizens face obstruction at every step, while
Politically connected or influential individuals receive preferential treatment
Whether intended or not, such perception destroys public faith in neutral governance and invites judicial scrutiny.
This appeal is not a demand for privilege.
It is a demand for legality.
It is a call for:
Accountability over arbitrariness
Law over discretion
Transparency over silence
For substantiation and public record, the following links are respectfully submitted:
https://www.facebook.com/share/p/17xeoSKRmL/
https://youtu.be/gWjlLMwFjI0?si=gvxOFpblVKh2XXRy
The Ministry of Home Affairs and State authorities are constitutionally bound to administer the law as enacted — not as diluted by convenience.
Silence is no longer neutral.
Delay is no longer administrative.
This has become a question of constitutional governance.
I trust this appeal will receive serious, immediate, and corrective consideration in the spirit of the Constitution of India.
Respectfully,
A concerned citizen and lawful stakeholder
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