National Security Act 1980: Notes for SSC
The National Security Act was formed on September 23, 1980, “to provide preventive detention in certain cases and for matters connected therewith.
What are grounds for preventive detention of person include?
- Acting in any manner prejudicial to the defense of India, the relations of India with Foreign powers, or the security of India.
- Regulating the continuous presence of any foreigner in India with a view for his or her expulsion from India.
- Acting in any manner prejudicial to the maintenance of Public order or form acting in any manner prejudicial to the maintenance of supplies and services essential to the community.
What are the punishments?
A detenu can be held for up to three months and in certain circumstances six months, without any review.
Notably, a three Person Advisory Board is created which is made up of High Court Judges to determine the legitimacy of any order made for longer than three months. If they approve it, then a person may be held for up to 12 months.
Apart from it, the State Government needs to intimated that a person has been detained under the National Security Act, 1980
The Act is applicable to all the states in India except for Jammu and Kashmir
How Article 22 (1) of the constitution is related to the National Security Act, 1980?
According to Article 22(1), an arrested person cannot be denied the right to consult and to be defended by a lawyer. Under the National Security Act, 1980, the arrested person is not entitled to the aid of any legal practitioner in any matter connected with the proceedings before the advisory board.
What are the basic right every accused get but a person who gets arrested under NSA doesn’t get?
The person who has been arrested should know the grounds of arrest and the right to bail. Under the National Security Act, 1980, a person could be kept in dark about reasons for up to 5 days and in exceptional cases it could be extended up to 10 days but not more than that.
Even when providing the grounds for arrest, the government can withhold information which is actually considered to be against Public interest to disclose.
It further provides that a person should be produced before a court within 24 hours