Answer Writing Practice for UPSC IAS & UPPSC Mains Exam: Paper - III (General Studies – II) - 22 May 2020

Answer Writing Practice for UPSC IAS Mains Exam


Answer Writing Practice for UPSC IAS & UPPSC Mains Exam


UPSC Syllabus:

  • Paper-III: General Studies -II (Governance, Constitution, Polity, Social Justice and International relations)

Q. Write a short note on National Security Act, 1980. (150 words)

Model Answer:

  • Why in News?
  • Introduction
  • National security Act 1980
  • Conclusion

Why in News ?

The Indore District Administration invoked the National security Act against 4 men involved in the attack on health workers.

Introduction

The National Security Act came into existence in 1980 during Indira Gandhi's government. It empowers the Central Government and state Governments to detain a person to prevent him/her from acting in any manner against to the welfare and security of the country. He may be damaging Indian relations with foreign countries, obstructing the maintenance and supply of essential services to the community.

Provision of the National Security Act (NSA) 1980

  • If a person, does not believe in Rule of Law, harms the Indian Relation with other countries, attack police personnel on duty and creates threat to the national security can be arrested by the under this act.
  • The concerned officer has the power to keep the suspect in captivity for 5 days without assigning any reason.
  • In special circumstances this period can be 10 to 12 days.
  • The arrested person is not entitled to the aid of any legal practitioner in any matter connected with the proceedings.
  • This law empowers the central government to arrest or expel a foreigner to control his activity.
  • The maximum period of detention is 12 months.
  • Detention order can also be made by the District Magistrate or a commissioner of Police under their respective jurisdictions.
  • The detention however should be reported to the State Government along with the grounds on which the order has been made.

Criticisms of the Act :

  • NSA has come under wide criticism for its misuse by the authorities.
  • Some experts argue that the governments sometimes use NSA as an extra-judicial power.
  • The validity of the act even during peacetime is described as 'anachronism'.
  • The National Crime Records Bureau collect and analyses crime data in the country. But it does not include cases under NSA, as no FIRs are registered. Hence, no figures are available for the exact number of detentions under the NSA.

Conclusion:

The NSA is 40 years old. Changes are required to ensure that the act is not used arbitrarily. Arbitrary use of the act hampers democracy and basic rights of an individual.

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