The National Security Act, which provides for preventive detention, was enacted in:

The National Security Act (NSA) was enacted in 1980 to provide for preventive detention in certain cases and for matters connected with it.

What the NSA allows:

The Central Government or a state government can detain a person to prevent him from acting in any manner prejudicial to the defence of India, relations with foreign countries, the security of India or of a state, the maintenance of public order, or the maintenance of essential supplies and services.

District Magistrates and Commissioners of Police can also order detention, subject to approval by the state government.

Foreigners can be detained to regulate their presence or expel them from India.

Duration of detention:

• The maximum period of detention under the NSA is 12 months.
• The detention can be revoked or modified earlier by the government.

Safeguards under the Act:

• The detained person must be informed of the grounds of detention, generally within five days and in exceptional cases within ten days.
• The case must be referred to an Advisory Board, consisting of persons qualified to be High Court judges.
• If the Advisory Board finds no sufficient cause, the person must be released.

Constitutional basis:

• Article 22 allows preventive detention but provides safeguards, such as review by an Advisory Board.
• Preventive detention is a subject on which both Parliament and state legislatures can make laws.

Earlier preventive detention laws:

• The Preventive Detention Act, 1950.
• The Maintenance of Internal Security Act (MISA), 1971, which was widely misused during the emergency and was repealed in 1977.
• The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA), 1974.

Criticism:

• Critics say that the NSA gives very wide powers to the government and is sometimes misused against political opponents and journalists.
• The courts have set aside many detentions for procedural lapses.

Preventive versus punitive detention:

• Punitive detention is punishment after trial and conviction.
• Preventive detention is detention without trial, to prevent a person from committing a future offence.

Why not the other options?

• ✗1971 is the year of MISA.
• ✗1985 and 1999 do not match.