How does the National Security Act balance individual rights with national security?

The National Security Act (NSA), 1980 is a preventive detention law in India that allows the government to detain individuals to maintain public order and national security. However, such powers can impact individual rights, especially the right to liberty. The law incorporates certain provisions to balance national security needs with the protection of individual rights.

• Grounds of Detention: Detention under NSA can only be ordered for specific reasons such as acting in a manner prejudicial to the security of the state, public order, or maintenance of essential supplies and services. This limits arbitrary use of the law.
• Time-bound Detention: The maximum period of detention under NSA is 12 months, but the detention can be reviewed and revoked earlier if the grounds no longer exist.
• Advisory Board Review: Every detention order must be referred to an Advisory Board (a panel of judges or persons qualified to be judges) within three weeks. The Board reviews whether there is sufficient cause for detention and can recommend release if not satisfied.
• Communication of Grounds: The detainee must be informed of the grounds of detention within five days (extendable to 15 days in exceptional cases), unless it is considered against public interest to disclose certain facts.
• Legal Representation: The detainee has the right to make a representation against the detention order to the Advisory Board, though they do not have the right to legal counsel during the Board’s proceedings.
• Judicial Review: The Supreme Court and High Courts can review the legality of detention orders under Articles 32 and 226 of the Constitution, though they usually do not question the subjective satisfaction of the detaining authority unless there is procedural violation or mala fide intent.