It can be said about National Security Act that it was proposed by Neelam Sanjiva Reddy and was extended all over India. This act mainly empowered the central and the stated government of India to detain every individual from acting in any prejudicial to the security of the nation. In the context of the history behind the National Security Act, it can be stated that the act that also incorporated the guidelines of security like the national security act of 1980, is the “Defence of India Act”. This has been established in the year 1915 during the First World War, to enable the states of India to detain its citizen preventively.
About National Security Act
In order to know about the National security act, it is important to know from where it has derived its objectives. The national security act’s objectives have similarities with the objectives of the “Government of India Act”, which has established in the year 1915. It can be further stated about The national security act along with other national laws allows “preventive detention”, which comes under a vast criticism for alleged misuse of laws and powers. The constitutional validity of this act during peacetime has been mentioned in some sections of Indian constitutions as an “anachronism”. The detention period which has been mentioned in this national security act is about 12 months. As per the history behind the National Security Act, it has been found that the report of detention is made on the basis of the order given by the Police commissioner and District Magistrate.
The history behind the National Security Act
According to the history behind the National Security Act, it can be stated that the order of detention that the state government of India has passed does not remain in force for more than 12 consecutive days. The national security act can also be invoked if any individual is found assaulting a policeman who is on duty. Article no. 22 of this national security act mainly denotes the norms of protection against detention and arrest in certain matters. Those cases include the person who is arrested should not be detained in the custody without the permission of the law and Police commissioner. If any harassment or detention is made against the arrested person, then he or she can take the help of a legal practitioner of his or her choice.
Constitutional Provisions of the National Security Act
In the context of constitutional provisions of the National Security Act, it can be stated that it incorporated the laws of the central government. Constitutional provisions of India mainly lay out the “formal structure” of central and state governments and their institutions of laws and powers. Furthermore, about the national security act, it can be stated that it also determines if all the citizen of India is provided with the right, to security and safety from all external and internal issues. One of the major issues that can raise conflict within the country is the issue of dissemination or inequality. The government of India should also need to take care of resolving conflict among the citizens who have variations in their caste, creed, culture, socioeconomic background, race, and language. There are main three constitutional provisions of the National Security Act, power separation, bicameralism, balances, and checks on the security of the nation.
Conclusion
The National Security Act objectives have been taken from the guidelines of the act of the Government of India, which has been established in the year 1935. The national security act also measures the issues that raise the conflict with other foreign countries. From the history behind the National Security Act, it has been understood that the “Government of India Act” has provided preventive detention powers to all Indian states to connect with defences, internal and external affairs and other international relations. According to the Constitutional Provisions of the National Security Act, article no. 21 was enacted by the Indian Government in order to provide every citizen of India with the right to liberty and life by following all norms and guidelines of the law.