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Under the National Security Act, no order shall be made by a State Government under Section 5(B) for the removal of a person from one State to anothe
Question

Under the National Security Act, no order shall be made by a State Government under Section 5(B) for the removal of a person from one State to anothe
___________.

A.

With the consent of the Chief Justice of that other State

B.

With the consent of the competent magistrate empowered for the same

C.

With the consent of the Government of that other State

D.

With the consent of the detaining State's Human Rights Commission

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. 

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