National Security Act, 1980
Sections 1, 2 and 3 of the National Security Act, 1980
Sections 1 to 3 of the National Security Act, 1980 (Act No. 65 of 1980) deal with the title and territorial extent of the Act, statutory definitions, and the power to make preventive detention orders in specified circumstances.
Section 1 - Short title and extent
1. Short title and extent.
(1) This Act may be called the National Security Act, 1980.
(2) It extends to the whole of India.
Meaning of Section 1
Section 1 identifies the legislation as the National Security Act, 1980 and states its territorial operation. The Act was enacted as Act No. 65 of 1980 and received Presidential assent on 27 December 1980.
The original enactment excluded the former State of Jammu and Kashmir. That exclusion was omitted by section 95 and the Fifth Schedule to the Jammu and Kashmir Reorganisation Act, 2019 with effect from 31 October 2019. The NSA therefore extends to the whole of India.
Section 2 - Definitions
Section 2 defines expressions used throughout the Act. These definitions determine which Government is the competent authority, what constitutes a detention order and how references to a foreigner, person and State Government are to be understood.
2. Definitions. In this Act, unless the context otherwise requires, -
(a) "appropriate Government" means, as respects a detention order made by the Central Government or a person detained under such order, the Central Government, and as respects a detention order made by a State Government or by an officer subordinate to a State Government or as respects a person detained under such order, the State Government;
(b) "detention order" means an order made under section 3;
(c) "foreigner" has the same meaning as in the Foreigners Act, 1946 (31 of 1946);
(d) "person" includes a foreigner;
(e) "State Government", in relation to a Union territory, means the administrator thereof.
Key definitions explained
Appropriate Government: The competent Government depends on the authority that made the detention order. For an order of the Central Government, the Central Government is the appropriate Government. For an order of a State Government or an officer subordinate to it, the State Government is the appropriate Government.
Detention order: The expression specifically refers to an order made under Section 3 of the NSA.
Foreigner and person: The meaning of "foreigner" is adopted from the Foreigners Act, 1946, while "person" expressly includes a foreigner.
State Government in a Union territory: For purposes of the NSA, the expression means the administrator of the Union territory.
Section 3 - Power to make orders detaining certain persons
Section 3 is the principal enabling provision for preventive detention under the NSA. It specifies the grounds on which the Central Government or State Government may direct detention and also permits a State Government, for a specified period, to confer the relevant power on a District Magistrate or Commissioner of Police in an area.
3. Power to make orders detaining certain persons.
(1) The Central Government or the State Government may -
(a) if satisfied with respect to any person that with a view to preventing him from acting in any manner prejudicial to the defence of India, the relations of India with foreign powers, or the security of India, or
(b) if satisfied with respect to any foreigner that with a view to regulating his continued presence in India or with a view to making arrangements for his expulsion from India, it is necessary so to do, make an order directing that such person be detained.
(2) The Central Government or the State Government may, if satisfied with respect to any person that with a view to preventing him from acting in any manner prejudicial to the security of the State or from acting in any manner prejudicial to the maintenance of public order or from acting in any manner prejudicial to the maintenance of supplies and services essential to the community it is necessary so to do, make an order directing that such person be detained.
Explanation. For the purposes of this sub-section, "acting in any manner prejudicial to the maintenance of supplies and services essential to the community" does not include "acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community" as defined in the Explanation to sub-section (1) of section 3 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980, and accordingly, no order of detention shall be made under this Act on any ground on which an order of detention may be made under that Act.
(3) If, having regard to the circumstances prevailing or likely to prevail in any area within the local limits of the jurisdiction of a District Magistrate or a Commissioner of Police, the State Government is satisfied that it is necessary so to do, it may, by order in writing, direct that during such period as may be specified in the order, such District Magistrate or Commissioner of Police may also, if satisfied as provided in sub-section (2), exercise the powers conferred by the said sub-section:
Provided that the period specified in an order made by the State Government under this sub-section shall not, in the first instance, exceed three months, but the State Government may, if satisfied as aforesaid that it is necessary so to do, amend such order to extend such period from time to time by any period not exceeding three months at any one time.
(4) When any order is made under this section by an officer mentioned in sub-section (3), he shall forthwith report the fact to the State Government to which he is subordinate together with the grounds on which the order has been made and such other particulars as, in his opinion, have a bearing on the matter, and no such order shall remain in force for more than twelve days after the making thereof unless, in the meantime, it has been approved by the State Government:
Provided that where under section 8 the grounds of detention are communicated by the officer making the order after five days but not later than ten days from the date of detention, this sub-section shall apply subject to the modification that, for the words "twelve days", the words "fifteen days" shall be substituted.
(5) When any order is made or approved by the State Government under this section, the State Government shall, within seven days, report the fact to the Central Government together with the grounds on which the order has been made and such other particulars as, in the opinion of the State Government, have a bearing on the necessity for the order.
Scope of the detention power
Sub-section (1) concerns matters including the defence of India, relations with foreign powers and the security of India. It also permits detention of a foreigner where necessary for regulating continued presence in India or arranging expulsion.
Sub-section (2) concerns the security of the State, maintenance of public order, and maintenance of supplies and services essential to the community. Its Explanation separates matters covered by the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980.
Under sub-section (3), the State Government may authorise a District Magistrate or Commissioner of Police to exercise the sub-section (2) power for a specified period. The initial period cannot exceed three months, although it may be extended from time to time for periods not exceeding three months at a time.
Sub-section (4) requires an officer exercising delegated power to report the detention order and its grounds to the State Government forthwith. Such an order ordinarily cannot remain in force for more than twelve days without State Government approval, subject to the statutory fifteen-day modification where the proviso applies.
Sub-section (5) requires the State Government to report an order made or approved under Section 3 to the Central Government within seven days, together with the grounds and other relevant particulars.