National Security Act of 1980
National security act 1980 is a preventive detention Act which prevents law in India, Date back to the early days there was a colonial-era when the Bengal Regulation III of 1880 was enacted to empower the government to arrest anyone for his or her defence on the maintenance of public order and peace without giving the person we source of judicial proceedings later on the British government enacted the Rowlett act 1919, that allow it confinement of suspect without trial. Before Independence India got it is for preventive detention rules when the Government of Prime Minister Jawaharlal Nehru Inactive. it was seen that the prevention and detention act 1950 expired in 1969.
The National security act come into existence 23 September 1980 and the Parliament promulgated, the object of this act is to provide for preventive detention. The act extends to the whole of India. It contains 18 section this act empowers the central government and state and state government to detain a person to prevent him/ her from acting of any manner prejudicial to the security of India the relation of India which foreign country the maintenance of public order or to the maintenance of supply and service essential to the community to do so.
National Security Act empowers the Government.
National Security Act empowered the Central or State government to detain a person to prevent him from acting in any matter prejudicial to National Security. It was also considered that the government also try to detain a person to prevent him from disrupting public order on it to maintain the supply of services necessary for the country. Period of confinement was the maximum period for which one may be detained in 12 months but the term can be extended in the government find any fresh evidence against the offender. No basic right to people detained under the National Security Act, including the right to be informed of the reason for the arrest under section 50 of the Criminal Procedure Code (Crpc). Under the national security act a person could be kept in a dark about the reason for his arrest for up to five days and in exceptional circumstances up to 10 days. Even when providing the ground for arrest the government can hold information that is considered to be against the public interest to disclose.
Article 22 (1) of the Constitution say and arrested person cannot be denied the right to consult and to be defended by a legal practitioner of his choice and The national security act, the arrested person is not entitled to the age of any legal practitioner in any matter connected with the proceedings before and advisory boards which are constituted by the government for dealing with national security act cases.
The maximum period of detention is 12 months. The order has also been made by the district magistrate or by the Commissioner of Police under their respective jurisdiction but it was considered that detention should be reported to the state government along with the ground of detention on which the order has been made. No such order remains in force for more than 12 days unless it was approved by the state government the national security act may also be involved in its person assault a policeman on duty.
In the case of Madan Chauhan vs State of up and others, In this case, Madan Chauhan petition has filed this writ petition for issuance of a writ of Habeas Corpus to quash the order of his detention dated 16/11/1995 passed by the district magistrate district Mau, respondent number 2 under Section 3(2) of national security act 1980 the detention order is an injection for to the writ petition. In this case district magistrate in the ground of detention in respect of detinue and as such, there is neither violation of article 22 (5) of the constitution of India all section 81 of the national security act article 22 of the Constitution of Indian. in this case the principal question was whether it was obligately only part of Central government to considered a second representation for revocation under section 12 of the national security act and this point was applied in a negative.
Held that will petition, Therefore, succeed the detention order dated 16/11/1996 passed by the district magistrate Mau respondent number to is hereby request the madam Chauhan be released for with unless required.
Criticism against national security act
Under national security, the national crime record Bureau (NCRB), which collect and analyze crime data in the country, does not include cases under the national security act in a data as no FIR was register and snow figure are available for the exact number of detention under national security act, thus there was no record of detention under this act, Recently state government have invoked the stringent provision of national security act to detain a citizen for questionable offenses, Also misuse of extra-judicial power, some experts argue that the government sometimes use the national security act as an extrajudicial power, National Security Act has come under wide criticism for its misuse of the authorities. The expert describes the validity of the act even during peacetime.
“Rather than attempting to resolve security challenges political Where possible to address the social-economic roots of internal struggles also the response of the state which have jerks has been to enact legislation are there were some laws plainly violet fundamental rights will other through practices such as by created and an environment favourable to human rights abuses violation of a right in the name of securities all the more widespread has perpetrators are covered by the De jure and de facto immunity”.
Mahatma Gandhi wrote a letter to the press expressing his dissatisfied occasion toward the Rowlatt Act of 1990 prevention and attention can also be tolerated in any democratic society. In the most extreme circumstances it must be used with this restrain and written as long as it is strictly necessary also all these things in a democratic society like India it has been invoked recklessly at the sole discretion of the Government and the law and force agency. Also, Dr. kafeel Khan was detained under the national security act by the Uttar Pradesh government after he gave in and CAA speech in Aligarh Muslim University and was also charged with section 153 or 295 A of the IPC it was a clear case of death after an inquiry observed him from the BRD Medical aid that cares as a result doctor Khan speech on December 12.
What National Security Ordinance 1980 is repealed?
Nothing withstanding the repeal, anything is done on anything any action taken under this and Ordinance shall be deemed to have been done or taken under the corresponding provision of these acts as if these actions had come into force on 23rd day of September 1980 and in particular, any reference made under section 10 of the said ordinance and pending Before any advisory board immediately before the date on which days as receive the assent of the president may continue to deal with by the board after that date at if such board has been constituted under section 9 of this act.
The ground of detention person
These were certain ground which decides weather report after the commencement of national security act 1980 under section 3 which has been made on two or more grounds That Order shall not be deemed to be invalid or inoperative merely because one or some of the ground is or are vague, non-existence, no relevant, Not connected or not proximately connected with such person or invalid or any other reason whatever so and it is not Therefore possible to hold that the government officer making such order would have been satisfied as provided in section 3 concerning remaining ground or ground made the order of retention. Also, the government offices making the orders of detention shall be Deemed to have made the order of detention under the settings section after being satisfied as provided in that section concerning remaining Grounds or grounds.
Conclusion The National Security Act was enacted to maintain national security which has a great amount of potential to be misused by the government. Which has happened on many occasions this act provides the government with extraordinary power which should be applied and misuse cautiously, There were certain provisions of the arbitrary act and as violative of the basic fundamental right which are and raised by the constitution of India the national crime record bureau (NCRB) which collect and analyze crime data in the country does not include cases under the national security act in its data or no FIR register and no figure are available for the exact number of detention under National security act. the arrested person has no right to seek the eighth of any lawyer in any matter concerned with the proceeding before an advisory board has been constituted by the government to deal with national security act cases. In this regard has it is not possible to have an idea about the exact number of detention that has been made under this act
By Pooja Kriplani
4th Year BBA.LL.B
Amity University, Rajesthan
 section 50 of the Criminal Procedure Code (Crpc)
 Madan Chauhan vs State of up and others
 the national crime record Bureau (NCRB),