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27th September 2025 (11 Topics)

National Security Act

Context:

Sonam Wangchuk, leading the agitation for Ladakh’s statehood and Sixth Schedule status, was detained under the National Security Act (NSA) following violent protests in Le

Preventive Detention in India

  • Constitutional Backing: Provided under Articles 22(3)–22(7).
  • Difference from Punitive Detention: Preventive detention is for future threats, while punitive detention is for past acts.
  • Duration: Normally up to 3 months, extendable to 12 months with approval.

National Security Act (NSA), 1980

  • Enacted in 1980, the NSA is a preventive detention law that allows detention to maintain public order and national security.
  • Rooted in Article 22(3)(b) of the Constitution, which permits preventive detention for reasons of state security and public order.

Key Provisions:

  • Grounds for Detention:
    • To prevent actions prejudicial to national security.
    • To prevent disruption of public order.
    • To ensure maintenance of essential supplies and services.
  • Authority: The Centre or State Government can order detention.
  • Duration: Detention up to 12 months, but requires review every 3 months by an Advisory Board of judges.
  • Judicial Safeguards: Article 22(4) bars detention beyond 3 months unless approved by an Advisory Board.

Other Preventive Detention Laws:

  1. Preventive Detention Act, 1950 (now repealed)
  2. Maintenance of Internal Security Act (MISA), 1971 (Repealed in 1978)
  3. Terrorist and Disruptive Activities (Prevention) Act (TADA), 1985 (Repealed in1995)
  4. Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA), 1974
  • Purpose: Preventive detention of persons engaged in smuggling and activities adversely affecting foreign exchange.
  • Features: Allows detention up to 1 year (extendable in special cases).
  • Status: Still in force, considered necessary for economic security.
  1. Unlawful Activities (Prevention) Act (UAPA), 1967
  • Purpose: Originally aimed at banning unlawful associations threatening sovereignty and integrity.
  • Amendments:
    • 2004: Added “terrorist activities” after POTA repeal.
    • 2008: Strengthened post-26/11 Mumbai attacks.
    • 2012: Expanded definition of terrorism.
    • 2019: Allowed government to designate individuals as terrorists (not just organizations).
  • Status: India’s primary anti-terror law today; criticized for harsh bail conditions and misuse.

National Security Council (NSC):

Formation & Structure:

  • Established in 1998 by the Vajpayee Government.
  • Chairperson: Prime Minister of India.
  • National Security Advisor (NSA): Principal advisor to PM on national security and foreign policy.

Three-tier Structure:

  • NSC (Apex Body): Chaired by PM; includes key ministers and top officials.
  • Strategic Policy Group (SPG): Headed by Cabinet Secretary; coordinates inter-ministerial inputs.
  • National Security Advisory Board (NSAB): Comprising experts, academics, and former officials; provides independent inputs.

Composition (NSC):

  • National Security Advisor (NSA)
  • Chief of Defence Staff (CDS)
  • Deputy NSAs
  • Ministers of Defence, Home, External Affairs, and Finance
  • Vice Chairman of NITI Aayog

Functions:

  • Advises PM on internal and external security.
  • Coordinates security-related decisions across ministries and agencies.
  • Reviews emerging threats (cybersecurity, terrorism, border security).
  • Provides strategic direction for defence and security policy.
  • Prepares contingency plans and ensures inter-agency coordination.
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