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Government Acts and Policies - Coggle Diagram
Government Acts and Policies
National Security Act (NSA)
Key Points
empower the govt to detain a person
if threat to NS or prevent from disrupting public order
Act allow detention for 3 months
State or Centre
Detain a person
from prejudicial manner
Foreign person can detain
if threat to India's relation with foreign countries
Empower the govt to detain foreigners
regulate presence or expel from India
Invoked public law and order
provisions in the ACT re-notified every quarter
Under the law
maximum span can be detain is 12 months
Govt extend if it feel so
held for 10 days without being told the charges against him.
Historical Background
Act was Introduced under Indira Gandhi in 1980
Law´s Framework
created in 1818
Bengal Regulation 3 was enacted
to empower the British Govt
Arrest anyone for maintenance of public order
Issues & Criticism
Article 22(1)
says arrested person
cannot be denied the right to consult
defended by legal practitioner of his choice
Criminal Procedure Code (CRPC)
Sec 50
any person has to be informed
reason and has the right to bail
NSA
none of these rights available to person who detained
Govt hold the right to conceal info
against public interest to disclose
detain person is not entitled to any legal aid
Govt use NSA as an extra-judicial Power
National Crime Records Bureau (NCRB)
Collect crime data in India
does not include cases under NSA
no FIR are registered
Unlawful Activities (Prevention) Act
Aimed at effective prevention of unlawful activities
main objective
power available for dealing
activities directed against the integrity
sovereignty of India
National Integration Council
appointed a committee
look for reasonable restriction
interest of the sovereignty and integrity
accepted committee recommendations
16th amendment act, 1963
impose by law reasonable restrictions