The state's home department filed an affidavit arguing that unlike other Left Wing Extremism-affected states, Maharashtra previously lacked a public security act to ban frontal organizations. The MSPS Act was enacted to establish a robust legal framework for preventing and tackling unlawful, subversive, and extremist activities.

Petitions challenging the Act's constitutional validity were filed by the Congress, the Communist Party of India, and the All India Trade Union Congress. They contend the law curtails legitimate dissent and grants excessive powers to the executive without judicial oversight.

The Act outlines offenses including membership in unlawful organizations, fundraising, management, and carrying out unlawful activities. It allows the state to designate any suspected body as an "unlawful organization."

Citing cases like Elgaar Parishad, the state's affidavit claimed Maharashtra has the highest number of such frontal organizations, numbering 64. It stated that other states with similar laws have seen them withstand judicial scrutiny, justifying Maharashtra's enactment for its local security environment.

The government also asserted that the law does not violate free speech, which is subject to reasonable restrictions, and balances individual liberties with the preservation of public order and national integrity. The Act is intended to bridge a legislative gap by allowing action before violence occurs, addressing the logistical and financial support systems of insurgencies.