National Security Act (NSA)

WHY IN NEWS?

The Supreme Court refused to pass a “blanket order” against Lieutenant Governor Anil Baijal’s decision to place Delhi under the National Security Act (NSA).

ABOUT NATIONAL SECURITY ACT

• The National Security Act of 1980 is an act of the Indian Parliament promulgated on 23 September, 1980whose purpose is "to provide for preventive detention in certain cases and for matters connected therewith".
• The act extends to the whole of India. Previously, it did not apply to the state of Jammu and Kashmir.
• As per the National Security Act, the grounds for preventive detention of a person include:
  • acting in any manner prejudicial to the defence of India, the relations of India with foreign powers, or the security of India.
  • regulating the continued presence of any foreigner in India or with a view to making arrangements for his expulsion from India.
  • preventing them from acting in any manner prejudicial to the security of the State or from acting in any manner prejudicial to the maintenance of public order or from acting in any manner prejudicial to the maintenance of supplies and services essential to the community it is necessary so to do.
• Under the National Security Act, an individual can be detained without a charge for up to 12 months; the state government needs to be intimated that a person has been detained under the NSA.
• A person detained under the National Security Act can be held for 10 days without being told the charges against them.
• The detained person can appeal before a high court advisory board but they are not allowed a lawyer during the trial.

Prelims Question

Q. With reference to the National Security Act, 1980, which of the following statements is/are correct?
1. Under the National Security Act, an individual can be detained without a charge for up to 12 months
2. Approval of the state government is not necessary for such detention
Select the correct answer using the code given below:
a. 1 only
b. 2 only
c. Both 1 and 2
d. Neither 1 nor 2

Answer to the Prelims Question