Question
Download Solution PDFThe Advisory Boards under the National Security Act shall consists of _______ members.
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe correct answer is ‘three members.’
Key Points
- Advisory Boards under the National Security Act:
- The National Security Act (NSA), 1980 is a preventive detention law that allows the government to detain individuals to prevent them from acting in any manner prejudicial to national security, public order, or the maintenance of essential supplies and services.
- Under Section 9 of the NSA, Advisory Boards are constituted to review detention cases and ensure that the rights of the detained individuals are not violated arbitrarily.
- These Advisory Boards play a critical role in protecting citizens from misuse of detention powers under the Act.
- Each Advisory Board consists of three members who are qualified to be appointed as judges of a High Court.
- The members are appointed by the Chief Justice of the respective High Court, ensuring that the Board operates independently and impartially.
Additional Information
- Overview of Incorrect Options:
- Option 1 (Two Members): This option is incorrect because the NSA explicitly mandates that the Advisory Board must consist of three members, not two. A smaller composition would compromise its ability to provide diverse viewpoints and thorough review.
- Option 2 (Four Members): This option is incorrect as the Act specifies three members, ensuring a manageable size for effective deliberation. Four members would not align with the statutory provisions of the NSA.
- Option 4 (One Member): A single-member board is not practical or legal under the NSA. Such a composition would lack the collective decision-making and checks required for impartial review of detention cases.
- Option 5 (Blank/Unspecified): This option is invalid as the NSA clearly defines the composition of the Advisory Board as three members. Any ambiguity or unspecified number does not align with the legal requirements.
- Significance of Advisory Boards:
- The Advisory Boards act as safeguards against arbitrary detention by reviewing cases within a stipulated time frame (typically three weeks from the date of detention).
- They ensure compliance with legal provisions and balance individual rights with national security concerns.
- The involvement of High Court-level judges ensures that the review process is conducted with fairness and adherence to constitutional principles.
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