While the core provisions of India's National Security Act (NSA) of 1980 remain unchanged, its recent application has received significant attention. In 2025, the law gained prominence due to the detention of climate activist Sonam Wangchuk and a Supreme Court decision quashing a detention order. 
High-profile application of the NSA in 2025

• Detention of Sonam Wangchuk (September 2025): The climate activist was detained under the NSA in Leh, Ladakh, following protests demanding statehood and special protections under the Constitution's Sixth Schedule. Authorities accused him of instigating violence, while critics condemned the use of the stringent law against a peaceful activist.
• The Act empowers both the Central and state governments to detain individuals pre-emptively for up to 12 months on grounds such as threats to the defense of India, relations with foreign powers, state security, communal harmony, disruption of essential services, or smuggling.

Procedure, Safeguards, and Review

• Detainees must be informed of the grounds for detention within 5 to 15 days, and an Advisory Board (comprising High Court judges) must review the detention within three weeks; the Board can order release if no sufficient cause is found.
• Detainees can challenge their detention by submitting a representation to the government or through writ petitions in the High Court or Supreme Court.
• The law provides limited safeguards, such as the right to representation before the Advisory Board, though no legal counsel is allowed directly before it, and the government can withhold facts in the public interest.

Current Status and Continuing Relevance

• The NSA is still considered a necessary tool for national and economic security, especially in sensitive situations such as protests or unrest that could affect public order or essential services.
• The political and legal debate about the scope of preventive detention and possible misuse remains active, especially following recent detentions of activists and protest leaders.

Amendments or court rulings on the NSA in 2025
In 2025, the National Security Act (NSA) saw critical judicial scrutiny through major High Court and Supreme Court rulings, but there were no substantial parliamentary amendments reported as of September 2025.
Supreme Court Ruling: Procedural Safeguards

• On June 27, 2025, the Supreme Court ordered the immediate release of a law student from Madhya Pradesh detained under the NSA, ruling the detention was “wholly untenable” because the reasons cited did not meet the statutory requirements, particularly those outlined in Section 3(2) of the Act.
• The court emphasized the difference between “law and order” and “public order,” stating that the grounds for NSA detention must surpass a threshold of threat and not be based on ordinary criminal allegations.

High Court Ruling: Mandatory Timelines

• In June 2025, the Manipur High Court quashed a preventive detention order under the NSA due to authorities failing to provide the grounds of detention within the prescribed period of five days (extended to ten days only with written justification).
• The court reinforced that procedural timelines under Section 8 of the NSA are mandatory and any unexplained delay renders detention illegal, thereby upholding Article 22 protections for personal liberty.

No Parliamentary Amendments
There were no major legislative changes or amendments to the NSA in Parliament during 2025, with attention focused instead on judicial oversight and procedural implementation in individual cases.
Key Implications

• Recent judgments have reinforced procedural safeguards and set higher benchmarks for government action under the NSA, warning against arbitrary preventive detention and stressing judicial scrutiny for individual liberty.
• Authorities are required to strictly document reasons for delay or deviation from statutory procedures, reflecting a robust check on executive powers.

These court rulings in 2025 underscore the continuing tension between state security prerogatives and individual rights, with the judiciary playing an active role in scrutinizing and balancing the preventive detention regime under the NSA.

NSA at the 8th National Security Strategies Conference

In July 2025, the Minister of Home Affairs, Amit Shah, addressed the 8th National Security Strategies (NSS) Conference. While discussing national security challenges and strategies, he emphasized the need for better coordination between central and state agencies to address threats. This conference highlighted the government's focus on proactively using security measures to address perceived threats.
 
Ongoing criticisms of the NSA
The recent detentions have renewed long-standing debates and criticism surrounding the NSA. 

• Violation of fundamental rights: Legal experts and civil rights groups have pointed to the law's potential for misuse. It allows for preventive detention without a formal charge or trial for up to 12 months and denies the detainee the right to legal counsel during the Advisory Board proceedings.
• History of misuse: Critics highlight a pattern of governments invoking the NSA for reasons beyond national security, such as silencing dissent, controlling political opponents, or reacting to minor law and order issues. Past instances, including detentions during the anti-CAA protests and cases like Dr. Kafeel Khan's, have been questioned or struck down by courts.
• Calls for judicial oversight: Legal analyses suggest a need for stronger judicial oversight and potential reforms to provisions of the NSA, such as introducing a sunset clause to prevent indefinite incarceration without trial. 

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