Question
Download Solution PDFWhich of the following are grounds for detention under the National Security Act?
A) Acting in any manner prejudicial to the security of the State
B) Acting in any manner prejudicial to the maintenance of Public order
C) Acting in any manner prejudicial to the maintenance of supplies and services essential to the community
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe correct answer is Option 3: A, B, and C.
Key Points
- The National Security Act (NSA) of 1980 allows detention of individuals if their actions are prejudicial to the security of the State.
- It also provides grounds for detention if actions are deemed prejudicial to the maintenance of public order.
- The NSA can be invoked to prevent actions that are prejudicial to the maintenance of supplies and services essential to the community.
- The act permits detention without trial for up to 12 months, with periodic reviews conducted every 3 months by an advisory board.
- These provisions aim to address situations that pose a threat to national security, public order, or essential services.
Additional Information
- National Security Act, 1980:
- The NSA empowers the Central or State Government to detain individuals suspected of acting against the sovereignty and integrity of India.
- It is a preventive detention law aimed at ensuring national security and maintaining public order.
- The Act applies to both Indian citizens and foreign nationals.
- Preventive Detention:
- Under preventive detention laws, individuals can be detained without trial to prevent potential threats or unlawful activities.
- Such laws are controversial as they bypass traditional legal procedures and may infringe on personal liberties.
- Advisory Boards:
- Under the NSA, the detention orders must be reviewed by advisory boards consisting of High Court judges.
- These reviews ensure that detention is justified and aligns with the provisions of the Act.
- Criticism of the NSA:
- Critics argue that the Act can be misused for political purposes or to suppress dissent.
- There have been demands to reform or repeal the law to balance national security with individual rights.
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