The National Security Act (NSA) of 1980 is a law that empowers the state to detain a person without a formal charge and without trial, in order to prevent them from acting in any manner prejudicial to the security of the state or for maintenance of public order. Recently, the Punjab Advocate General announced that the NSA has been invoked in the case of a self-styled Sikh preacher. In this essay, we will discuss the NSA, its powers, and its implications.
History of the National Security Act
The National Security Act was passed by the Parliament in 1980. It is an administrative order passed either by the Divisional Commissioner or the District Magistrate (DM) and not a detention order by the police based on specific allegations or for a specific violation of the law.
Powers of the National Security Act
The NSA can be invoked in exceptional cases when a person can be detained even if they are in police custody. The District Magistrate can slap NSA against them. Even if a person has been granted bail by a trial court, they can be immediately detained under the NSA. If the person has been acquitted by the court, the same person can be detained under the NSA.
Grounds for Detention under the National Security Act
The NSA can be invoked to prevent a person from acting in any manner prejudicial to the defence of India, relations of India with foreign powers, or the security of India. Among others, it can also be applied to prevent a person from acting in any manner prejudicial to the maintenance of supply and services essential to the community.
Implications of the National Security Act
The law takes away an individual’s constitutional right to be produced before the magistrate within 24 hours, as is the case when the accused is in police custody. The detained person also does not have the right to move a bail application before a criminal court. An individual can be detained without a charge for a maximum period of 12 months. The detained person can be held for 10 to 12 days in special circumstances without being told the charges against them.
Protection available under the Act
The Indian Constitution allows both preventive detention and the right of protection against arrest and detention in certain cases, enshrined under Article 22 of the Constitution. However, Article 22(3) provides that the rights available to an arrested person will not be applicable in case of preventive detention, thus an exception is carved out.
Article 22(5) allows all detained persons to make an effective representation before an independent advisory board, which consists of three members. The board is chaired by a member who is, or has been, a judge of a high court. The writ of habeas corpus is the available remedy under the Constitution against the state’s power of taking people into custody under the NSA.
Why In News
The Punjab Advocate General has announced that the invocation of the National Security Act in the case of the self-styled Sikh preacher is a necessary measure to ensure public safety and maintain law and order. The decision was made after careful consideration of the potential risks posed by the preacher’s activities and statements.
MCQs on Implications and Protections under the National Security Act of 1980
-
What is the National Security Act (NSA)?
A. A law that empowers the state to detain a person without a formal charge and without trial
B. A law that empowers the state to detain a person only after a formal charge is made
C. A law that empowers the state to detain a person for a specific violation of the law
D. A law that empowers the state to detain a person only after a trial has taken place
-
Who can invoke the National Security Act?
A. Only the police can invoke NSA against a person
B. Only the Divisional Commissioner can invoke NSA against a person
C. Only the District Magistrate can invoke NSA against a person
D. Only the Chief Minister can invoke NSA against a person
-
What are the grounds for detention under the National Security Act?
A. To prevent a person from acting in any manner prejudicial to the defence of India
B. To prevent a person from acting in any manner prejudicial to the relations of India with foreign powers
C. To prevent a person from acting in any manner prejudicial to the security of India
D. All of the above
Boost up your confidence by appearing our Weekly Current Affairs Multiple Choice Questions
