National Security Act, 1980

The National Security Act, 1980 establishes a preventive-detention framework that allows the executive to detain a person to prevent specified harmful conduct before it occurs. Unlike punitive imprisonment, preventive detention rests on anticipated conduct and executive satisfaction, not conviction for a past offence.

Statutory grounds for detention

Under Section 3, detention may be ordered when the competent authority considers it necessary to prevent conduct falling within the Act's specified grounds.

• A person may be detained to prevent conduct prejudicial to the defence of India, security of India, or India's relations with foreign powers.
• A foreigner may be detained to regulate the foreigner's continued presence in India or arrange expulsion from India.
• Conduct prejudicial to the security of the State or maintenance of public order is a separate ground.
• Conduct prejudicial to the maintenance of supplies and services essential to the community may also justify detention, subject to the Act's limitations.

Authority to order detention

The Central Government or State Government may issue detention orders on the applicable statutory grounds. For State security, public order, and essential supplies or services, a State Government may temporarily empower a District Magistrate or Commissioner of Police where local circumstances require it; the officer must report the order, which remains subject to government approval.

Procedure, review and duration

The Act operates subject to Article 22 of the Constitution, which provides safeguards for preventive detention.

• Grounds must ordinarily be communicated within 5 days, exceptionally within 10 days for reasons recorded in writing, and the detainee must receive the earliest opportunity to make a representation.
• The government may withhold facts whose disclosure it considers contrary to the public interest, consistently with Article 22(6).
• The case must be referred to an Advisory Board within 3 weeks, and the Board must report within 7 weeks from the date of detention.
• If the Board finds sufficient cause, the government may confirm detention; otherwise, it must revoke the order and release the detainee.
• Confirmed detention may continue for a maximum of 12 months from the date of detention, although the government may revoke or modify it earlier.