The National Security Act (NSA) of 1980 in India provides for preventive detention in certain cases to maintain national security. Here are the key aspects related to the grounds, procedure, period, and formalities for detention under the NSA :

 

1. Grounds for Detention :The NSA allows for preventive detention if the government is satisfied that a person's activities are prejudicial to the defense of India, the relations of India with foreign powers, or the security of the state. It can also be invoked if a person is involved in smuggling activities, disrupting essential services, or promoting communal disharmony.
2. Procedure for Detention : Detention under the NSA can be ordered by the state government or the central government. - The order of detention must be based on subjective satisfaction and must specify the grounds for detention. - The person detained must be informed of the grounds of detention as soon as possible. - The government must constitute an Advisory Board within three weeks of detention to review the case.
3. Period of Detention : The initial period of detention under the NSA is for up to 12 months. - The detention can be extended for further periods, each not exceeding 12 months, with the approval of the government.
4. Formalities and Safeguards : The detained person must be afforded the right to make a representation against the detention. The representation must be considered by the Advisory Board, which then makes recommendations to the Government. The Government can revoke or modify the detention order based on the recommendations of the Advisory Board. The detained person has the right to be represented by a lawyer during the Advisory Board proceedings.
5. Judicial Review : Any person detained under the NSA can challenge the detention order before the appropriate High Court through a habeas corpus petition. The High Court examines the legality of the detention and can release the person if the detention is found to be unlawful or not in accordance with the provisions of the NSA. It's important to note that preventive detention under the NSA is a serious measure that curtails individual freedoms and must be used sparingly and in accordance with the law. The detention process involves various safeguards to protect the rights of the detained person, including the right to legal representation and judicial review.