Q. Consider the following statements in respect of the National Security Act, 1980:
1. It empowers only the Central government to detain a person under Preventive detention.
2. The act does not provide any maximum limit on detention period.
3. A foreigner cannot be detained under the act.
How many statements given above are correct?
Exp) Option d is the correct answer
Statement 1 is incorrect. This act empowers the Central Government and State Governments to detain a person to prevent him/her from acting in any manner prejudicial to the security of India, the relations of India with foreign countries, the maintenance of public order, or the maintenance of supplies and services essential to the community.
Statement 2 is incorrect. Under the act, the maximum period of detention is 12 months. The order can be made by the District Magistrate or a Commissioner of Police under their respective jurisdictions, but the detention should be reported to the State Government along with the grounds on which the order has been made. No such order shall remain in force for more than twelve days unless approved by the State Government.
Statement 3 is incorrect. The NSA, 1980 provides that ‘the Central Government or the State Government can prevent a person from acting in any manner prejudicial to the defence of India, the relations of India with foreign powers, or the security of India, and for this purpose the appropriate authority can detain such person.’ The act explicitly mentions that ‘person’ includes foreigner
