Question
Download Solution PDFUnder the National Security Act, a “detention order” means an order made under ________.
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe correct answer is 'Section 3 of the National Security Act.'
Key Points
- National Security Act (NSA):
- The National Security Act, 1980, is a preventive detention law aimed at safeguarding national security and maintaining public order.
- Under this act, the government can detain individuals without formal charges or trial if their actions are seen as a threat to the security of India or public order.
- Section 3 of the NSA:
- Section 3 empowers authorities to issue a "detention order" to detain a person for a specified period if it is necessary to prevent them from acting in a manner prejudicial to national security or public order.
- The detention order can be issued by the central government, state government, or an authorized officer.
- This section is the core provision that enables preventive detention under the NSA.
Additional Information
- Overview of other sections:
- Section 5:
- Section 5 deals with procedural aspects, including the powers to revoke or modify a detention order.
- It does not directly authorize the issuance of a "detention order," making it an incorrect choice.
- Section 2:
- Section 2 provides definitions of key terms used in the NSA, such as "appropriate government" and "detention order."
- It lays the groundwork for understanding the act but does not pertain to the issuance of detention orders.
- Section 4:
- Section 4 addresses the maximum period of detention under the NSA and the extensions that may be granted.
- While it is important, it does not concern the issuance of detention orders.
- Section 5:
- Significance of Section 3:
- Section 3 is central to the NSA as it enables preventive detention, which is considered essential for maintaining national security and public order in certain circumstances.
- It provides broad powers to authorities, but its use is often scrutinized to prevent misuse and ensure adherence to constitutional rights.
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