The Maintenance of Internal Security Act,1971
The Maintenance of Internal Security Act promulgated in 1971 also provides for preventive detention. During the 1975-77 Emergency, the act was amended to allow the government to arrest individuals without specifying charges. The government arrested tens of thousands of opposition politicians under the Defence of India Rules and the Maintenance of Internal Security Act, including most of the leaders of the future Janata Party government. Shortly after the Janata government came to power in 1977, Parliament passed the Forty-fourth Amendment, which revised the domestic circumstances cited in Article 352 as justifying an emergency from "internal disturbance" to "armed rebellion." During Janata rule, Parliament also repealed the Defence of India Rules and the Maintenance of Internal Security Act. However, after the Congress (I) returned to power in 1980, Parliament passed the National Security Act authorizing security forces to arrest individuals without warrant for suspicion of action that subverts national security, public order, and essential economic services. The Essential Services Maintenance Act of 1981 permits the government to prohibit strikes and lockouts in sixteen economic sectors providing critical goods and services. The Fifty-ninth Amendment, passed in 1988, restored "internal disturbance" in place of "armed rebellion" as just cause for the proclamation of an emergency. The Sikh militant movement that spread through Punjab during the 1980s spurred additional authoritarian legislation In 1984 Parliament passed the National Security Amendment Act enabling government security forces to detain prisoners for up to one year. The 1984 Terrorist Affected Areas (Special Courts) Ordinance provided security forces in Punjab with unprecedented powers of detention, and it authorized secret tribunals to try suspected terrorists. The 1985 Terrorist and Disruptive Activities (Prevention) Act imposed the death penalty for anyone convicted of terrorist actions that led to the death of others. It empowered authorities to tap telephones, censor mail, and conduct raids when individuals are alleged to pose a threat to the unity and sovereignty of the nation. The legislation renewing the act in 1987 provided for in camera trials, which may be presided over by any central government officer, and reversed the legal presumption of innocence if the government produces specific evidence linking a suspect to a terrorist act. In March 1988, the Fifty-ninth Amendment increased the period that an emergency can be in effect without legislative approval from six months to three years, and it eliminated the assurance of due process and protection of life and liberty with regard to Punjab found in articles 20 and 21. These rights were restored in 1989 by the Sixty-third Amendment. By June 30, 1994, more than 76,000 persons throughout India had been arrested under the Terrorist and Disruptive Activities (Prevention) Act. The act became widely unpopular, and the Rao government allowed the law to lapse in May 1995
The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act,
IT is often said that India adopted and inherited various facets of the administration that the British Raj left behind as part of their colonial baggage. One such aspect is the concept of Preventive Detention. The Constitution of India, which is the sine qua non of our democratic society, explicitly allows for Preventive Detention, a “necessary evil”, which can be triggered on a minimal assumption that the accused would indulge in a wrongful act – even without sufficient evidence conducive for a proper trial. Article 22 of the Constitution empowers the Parliament and the State Legislatures to make laws providing for Preventive Detention for reasons related to the security of the state and maintenance of Public Order. Preventive Detention, which is...
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