• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar

ClearIAS

UPSC: Latest News, IAS, IPS, UPSC Online Preparation

UPSC Prelims Test Series 2021Enroll Now
  • Home
  • Start
    • IAS
    • IAS Exam Eligibility
    • UPSC
    • UPSC Syllabus
    • UPSC Exam Date
    • UPSC Results
    • FAQs
  • Programs
    • Prelims
    • Mains
    • Interview
  • Buy
    • Courses
    • Mock Test Series
    • IAS Books
    • eBooks (PDF)
  • Free
    • Study Materials
    • Guidance
    • eBooks (PDFs)
    • Mock Exams
    • ClearIAS App
    • Downloads
  • Toppers
  • Blog
  • Login
ClearIAS » Indian Polity Notes » National Security Act (NSA)

National Security Act (NSA)

Last updated on April 3, 2020 by Clear IAS Team

National Security ActThe National Security Act (NSA) in existence for more than four decades has been questioned for its draconian effects and its potential misuse.

Recently some state governments have invoked the National Security Act to detain citizens for questionable offences.

In this post, we shall learn and analyse the National Security Act in detail.

Historical Background

India is one of the few countries in the world whose constitution allows for preventive detention during peacetime. Article 22 (3) says that the rights available to an arrested person will not be applicable in case of preventive detention.

The National Security Act (NSA) has its roots in the preventive detention laws. The first iteration of these laws was framed during the British rule. However, post-independence these laws were carried forward as the Preventive Detention Act of 1950. This was replaced by the Maintenance of Internal Security Act of 1971 and finally the National Security Act of 1980.

Provisions of the National Security Act 1980

  • NSA empowers the Centre or a State government to detain a person so that he does not act in any manner prejudicial to national security. The person need not be charged during the period of detention.
  • An individual can be detained without a charge for up to 12 months.
  • The detained person can be held for 10 days without being told the charges against him.

Grounds of Detention

  • 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 to make 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.

Constitution of Advisory Board

  • The central or state government shall constitute one or more Advisory Boards.
  • It consists of three persons who are qualified to be appointed as Judges of a High Court.
  • The grounds of detention must be placed before the Advisory Board within 3 weeks from the date of detention.
  • The detained person can appeal before the Advisory Board but they are not allowed a lawyer during the trial.
  • If the Advisory Board finds no sufficient cause for the detention, the government shall revoke the detention order and release the person.

Protective Measures

  • No suit or other legal proceeding shall lie against the Central or State Governments, or any other person, for anything in good faith done or intended to be done in pursuance of this Act.

Criticism of the National Security Act

  • Article 22 and various provisions of Cr.PC safeguard the interests of an arrested person.
    • The person arrested has to be informed of the grounds of arrest.
    • The arrested person cannot be denied the right to consult and to be defended by a legal practitioner of his choice.
    • The arrested person should be produced before the nearest magistrate within 24 hours.
  • However, none of these safeguards are available if a person is detained under NSA.
    • A person could be kept in the dark about the reasons for his arrest for up to 10 days.
    • Even when providing the grounds for arrest, the government can withhold information which it considers to be against the public interest to disclose.
    • The arrested person is also not entitled to the aid of any legal practitioner in any matter connected with the proceedings before an advisory board, which is constituted by the government.
  • Detaining someone without trial during normal times is hard to justify when it is difficult to prove the legitimacy of the threat posed by the person.
  • While it is true that Constitution provides for Article 22 (3) that does not extend safeguards of the criminal system to preventive detention, the justification for persisting with the same provisions even 70 years after independence needs to be reviewed.
  • Since the NSA allows custody of people without framing a charge, it has become a convenient tool for the government and police to circumvent the formalities of the Criminal Procedure Code and the courts of the land.
  • The police make use of NSA when they are unwilling or unable to make a criminal case. Instances of journalists critical of the establishment being charged with NSA are becoming common.
  • Rather than for stopping future crimes, NSA is often used as a response to ordinary law and order cases. The NSA morphs into a punitive measure in such instances.
  • The vague language of the law means NSA being used for the detention of individuals based on the government’s satisfaction that an individual is a threat to foreign relations, national security, public order, or the maintenance of essential supplies and services. Thus, theoretically, the government can invoke the NSA if an individual’s act threatens to disrupt public order like causing a commotion or obstructing the traffic.

Conclusion

There are no separate figures currently available for detentions under the NSA. The 177th Law Commission Report of 2001 reveals that 14,57,779 persons were arrested under preventive provisions in India. It is paramount to review the continued usage of NSA and to close the loopholes that permit law enforcement to abuse constitutional and statutory rights.

130+ Prelims Marks is Possible. Only if you are guided the right way.

Join ClearIAS Prelims Test Series 2021.

Take a Free Test

Preventive detention must not be used for regular law and order issues.

The endeavour must be to guard liberty – one of the fundamental rights guaranteed by the Constitution.

Print Friendly, PDF & Email
Share61
Tweet
WhatsApp
61 Shares

Integrate Learning With Test-Taking!

Is UPSC Prelims your weak area?

Don’t worry!

We can help you score high marks!

Are you ready to practise the right way?

Yes, I want ClearIAS to help me score high!

Get our newsletter

Don't miss our email updates!

About Clear IAS Team

ClearIAS provides free IAS online coaching, guidance, strategies, books, online study-materials and mock tests with a vision that no candidate should be left out of UPSC exam competition due to in-accessibility of expensive IAS classroom coaching.

We write simple, easy to understand articles, but always ensure high standards of quality.

Rated among the best, emerging online test preparation startups, Clear IAS also offers for free, the popular Clear IAS android app.

Reader Interactions

Comments

  1. Shakti Gayatri Panda says

    April 7, 2020 at 8:46 pm

    Very lucid explanation about NSA . Thank u sir

    Reply

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Primary Sidebar

Aim to be an IAS Officer?

Nothing can beat practice!

Join ClearIAS Prelims Test Series 2021

Practice 40+ online mock exams!

Limited Period Offer: 40% OFF!

Enroll Now!

ClearIAS Study Materials for UPSC Prelims and Mains

  • Indian History - Indian History and Culture.
  • Geography - Indian and World Geography.
  • Economics - Indian Economy.
  • Indian Polity - Constitution, Social Justice etc.
  • General Science - Science and Technology.
  • Environment - Biodiversity, Climate Change etc.
  • Current Affairs - National and international.

ClearIAS Study Materials for UPSC Mains (Extra-Topics)

  • World History - GS paper 1.
  • Indian Society - GS paper 1.
  • Foreign Relations - GS paper 2.
  • International Affairs - GS paper 2.
  • Internal Security - GS paper 3.
  • Disaster Management - GS paper 3.
  • Ethics - GS paper 4.

ClearIAS Study Materials for UPSC Mains (Paper-wise)

  • Essay Paper
  • GS 1 Paper
  • GS 2 Paper
  • GS 3 Paper
  • GS 4 Paper

ClearIAS Online Mock Exams (Prelims and Mains)

  • Prelims Mock Exams
  • Mains Mock Exams (AWP)

Congrats! You are at the right place - ClearIAS!

  • 1 million+ monthly users!
  • 9,00,000+ ClearIAS App Downloads!
  • 4,50,000+ Facebook Followers!
  • 3,50,000+ Email Subscribers!
  • 3,00,000+ Registered Aspirants!

Prepare for UPSC Online!

Get Started

UPSC Online Preparation Guidance

  • UPSC - Union Public Service Commission
  • IAS - Indian Administrative Service
  • Civil Services Exam (CSE) - Exam Pattern
  • UPSC Syllabus - Subjects to learn
  • IAS Books - Books to learn
  • UPSC CSE Eligibility - Who can appear?
  • UPSC Exam Dates - When should you apply?
  • UPSC Result - Check UPSC Results
  • UPSC FAQs - Clarify your queries

What do toppers' say about ClearIAS?

Poonam Dalal

"Working 24*7 in the police for the last 5 years and been out of touch with the preparation, I took the guidance from your website, especially the ClearIAS prelims test series. I bought it and found it to be the best available online." - Poonam Dalal, ClearIAS Online Student

Read more reviews by UPSC Toppers...

Enroll in

ClearIAS UPSC Prelims Online Test Series 2021

Score High in the IAS Exam!

Trusted by Toppers

Limited Period Offer: 40% Discount!

Enroll now

Don’t lose out without playing the right game!

Adopt the 3 Strategies for Success in the UPSC Civil Services Exam.

Learn UPSC Strategies

  • Home
  • IAS
  • UPSC
  • FAQs
  • Blog
  • Login

UPSC Online Preparation

  • Union Public Service Commission (UPSC)
  • Indian Administrative Service (IAS)
  • Indian Police Service (IPS)
  • IAS Exam Eligibility
  • UPSC Free Study Materials
  • UPSC Exam Guidance
  • UPSC Prelims Test Series
  • UPSC Syllabus
  • UPSC Online
  • UPSC Books
  • UPSC Prelims
  • UPSC Mains
  • UPSC Interview

ClearIAS

  • About ClearIAS
  • ClearIAS Programs
  • IAS Coaching
  • Announcements
  • Book Review
  • ClearIAS App
  • Sitemap
  • Work with us
  • Advertise with us
  • Privacy Policy
  • Disclaimer
  • Terms and Conditions
  • Contact Us

UPSC 2021

UPSC Exam Calendar 2021

Follow us

Follow us on FacebookFollow us on TwitterFollow us on YouTubeFollow us on ClearIAS Learning AppFollow us on ClearIAS Test Prep AppFollow us on Telegram

Featured on

ClearIAS Featured in The Hindu
ClearIAS Featured in the Times of India
ClearIAS Featured in the New Indian Express
ClearIAS Featured in the Yourstory

and many more...

Copyright © 2020 - ClearIAS.com