Correct option is C
The correct answer is (c) With the consent of the Government of that other State
Explanation:
• Section 5(b) of the National Security Act, 1980, outlines the legal framework for the transfer of a detained person across states.
• It explicitly mandates that no order shall be made by a State Government for the removal of a person to another State without the consent of the Government of that other State.
• This provision ensures inter-state coordination and prevents arbitrary transfers of detainees, respecting federal principles and administrative cooperation.
• The measure acts as a crucial safeguard to prevent the misuse of power by one state over another regarding preventive detention cases.
Information Booster:
• The National Security Act (NSA) of 1980 is a powerful preventive detention law used to maintain public order and national security.
• The maximum period for which a person can be detained under the NSA is 12 months, although the order can be revoked earlier by the appropriate government.
Additional Knowledge:
(a) With the consent of the Chief Justice of that other State: .
• The judiciary (Chief Justice) is not involved in granting administrative consent for the inter-state transfer of detainees under the National Security Act.
(b) With the consent of the competent magistrate empowered for the same:
. • Magistrates do not have the authority to approve inter-state transfers under the NSA; this power rests with the state governments.
(d) With the consent of the detaining State's Human Rights Commission: .
• Human Rights Commissions are advisory bodies and do not possess the legal authority to approve or deny such administrative transfers under the Act.