National Security Act of - History State Goverment

Context: National Security Act Recently, the National Security Act has been invoked in the case of self-styled Sikh preacher and on-the-run Waris Punjab De chief Amritpal Singh.

About National Security Act:-

It is a preventive detention law.
It allows for the detention of alleged individuals for months if authorities are satisfied that a person is a threat to national security or law and order.
Preventive detention is basically the detention of a person without a trial to prevent him/her from committing a crime.
It was enacted in 1980 during the Indira Gandhi government.

Grounds for detention under NSA:-

It 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.
It can also be applied to prevent a person from acting in any manner prejudicial to the maintenance of supplies and services essential to the community.

Historical Background:-

The first such law was 1818’s Bengal Regulation III which enabled the government to arrest anyone for defence or for maintaining public order without giving the person any legal remedies.
In 1919, the Rowlatt Acts were passed.
The Armed Forces Special powers Act of 1958, signed by the Parliament of India, was India’s first preventive detention law after independence. The NSA closely resembles the 1958 Act.
After independence, the government enacted the Preventive Detention Act of 1950 which expired in 1969.
In 1971, the MISA (Maintenance of Internal Security Act, 1971) was enacted. It gave unlimited powers to the government and law enforcement bodies.
It was repealed in 1977.
In 1980, the NSA was enacted.

Constitutional Provisions:-

Article 22 (3) (b) of the Constitution of India allows for preventive detention and restriction on personal liberty for reasons of state security and public order.
Article 22(4) states that no law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless:-
- An Advisory Board reports sufficient cause for extended detention.

Period of detention:-

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. That too without being told the charges against them.
The detention can be further extended by the state if it finds fresh evidence for the same.

Appeal against detention:-

A detained person can appeal before a high court advisory board. But they are not allowed a lawyer during the trial.

How it is Draconian?

Typically, if a person is arrested, then he/she enjoy certain rights bestowed by the Indian Constitution. The person has to be informed of the reason for the arrest. Under Section 50 of the Criminal Procedure Code (CrPC), the person arrested has to be informed.

However, in the case of the NSA, the person can be held up to 10 days without being informed of the reason.
Sections 56 and 76 of the Criminal Procedure Code (CrPC) guarantee the detained person to be produced before a court within 24 hours. Apart from this, Article 22(1) of the Constitution allows the detainee to seek legal advice from a legal practitioner. However, under the NSA, none of these above-mentioned basic rights is permitted to the suspect.