Centre Justifies Sonam Wangchuk's Transfer Under National Security Act
Centre cites NSA provisions to justify climate activist Sonam Wangchuk's transfer.
Photo by Markus Winkler
Key Facts
Act: National Security Act, 1980
Activist: Sonam Wangchuk
Transfer: Ladakh to Rajasthan
Justification: Section 5 of NSA
UPSC Exam Angles
GS Paper 2: Polity and Governance - Laws and Acts
Constitutional provisions related to fundamental rights and preventive detention
Statement-based MCQs on the provisions of the NSA and Article 22
Visual Insights
Key Events Leading to Sonam Wangchuk's Detention Under NSA
Timeline of events related to the National Security Act and its application in recent years, culminating in the current situation with Sonam Wangchuk.
The National Security Act, 1980, has been used in various instances to maintain law and order. Recent concerns have been raised regarding its potential misuse.
- 1980National Security Act (NSA) enacted.
- 2020Increased use of NSA reported in various states for maintaining law and order.
- 2023Human rights organizations raise concerns about the misuse of NSA.
- 2025Judicial scrutiny of detention orders under NSA increases.
- 2026Centre justifies Sonam Wangchuk's transfer under NSA to Supreme Court.
More Information
Background
Latest Developments
Frequently Asked Questions
1. What is the National Security Act (NSA), 1980 and why is it relevant in the context of Sonam Wangchuk's transfer?
The National Security Act (NSA), 1980 is a preventive detention law allowing the government to detain individuals posing a threat to national security or public order. It is relevant because the Centre cited this act to justify the transfer of Sonam Wangchuk.
2. What are the key facts about the Sonam Wangchuk case that are important for the UPSC Prelims exam?
Key facts for Prelims include: the activist involved is Sonam Wangchuk, the law used to justify his transfer is the National Security Act (NSA), 1980, and the transfer was from Ladakh to Rajasthan. The justification was based on Section 5 of NSA.
Exam Tip
Remember the year of the NSA (1980) and the key personalities involved. Focus on the fact that it's a preventive detention law.
3. According to the Centre, which section of the National Security Act (NSA) 1980, allows them to transfer detainees?
As per the Solicitor General Tushar Mehta, Section 5 of the National Security Act (NSA), 1980 allows the government to regulate the place and conditions of detention.
4. Why is the Centre's justification of Sonam Wangchuk's transfer under the NSA in the news recently?
The Centre's justification is in the news because it is being reviewed by the Supreme Court. The use of the NSA and preventive detention laws are subjects of ongoing debate and scrutiny.
5. What are some potential arguments against the use of the National Security Act (NSA) in this case, particularly from a fundamental rights perspective?
Arguments against the use of NSA often center on potential misuse and infringement of fundamental rights. Civil society organizations and human rights activists advocate for greater transparency and accountability in the application of preventive detention laws.
6. What is the background context of the National Security Act (NSA), 1980?
The National Security Act (NSA), 1980 is a preventive detention law that empowers the government to detain individuals deemed a threat to national security or public order. Preventive detention, while controversial, is permitted under the Indian Constitution to prevent potential harm before it occurs, based on reasonable suspicion.
Practice Questions (MCQs)
1. Consider the following statements regarding the National Security Act (NSA), 1980: 1. It allows the central government to detain individuals deemed a threat to national security. 2. Section 5 of the NSA empowers the government to regulate the place and conditions of detention. 3. The Act provides for judicial review of detention orders. Which of the statements given above is/are correct?
- A.1 and 2 only
- B.2 and 3 only
- C.1 and 3 only
- D.1, 2 and 3
Show Answer
Answer: D
All three statements are correct. The National Security Act (NSA), 1980, empowers the central government to detain individuals posing a threat to national security. Section 5 of the NSA allows the government to regulate the place and conditions of detention, as cited in the news regarding Sonam Wangchuk's transfer. The Act also provides for judicial review to ensure that detention orders are not arbitrary or mala fide. This safeguard is crucial to protect individual liberties.
2. Which of the following Articles of the Indian Constitution provides safeguards against arbitrary arrest and detention, while also allowing for preventive detention laws?
- A.Article 19
- B.Article 20
- C.Article 21
- D.Article 22
Show Answer
Answer: D
Article 22 of the Indian Constitution provides safeguards against arbitrary arrest and detention. While it guarantees certain rights to arrested persons, it also allows for preventive detention laws under specific circumstances. This article strikes a balance between individual liberties and the state's power to maintain public order and national security. Articles 19, 20 and 21 deal with other fundamental rights.
3. In the context of the recent news regarding Sonam Wangchuk and the National Security Act, which of the following statements best describes the concept of 'preventive detention'?
- A.Detaining an individual after they have committed a crime.
- B.Detaining an individual to prevent them from committing a crime or disrupting public order.
- C.Detaining an individual for interrogation purposes only.
- D.Detaining an individual based on past criminal records.
Show Answer
Answer: B
Preventive detention involves detaining an individual to prevent them from committing a crime or disrupting public order. It is based on the apprehension that the individual may pose a threat to national security or public order. This is distinct from punitive detention, which is imposed after a crime has been committed. The NSA is a law that allows for preventive detention.