IMPACT OF THE NATIONAL SECURITY ACT ON FREEDOM OF SPEECH AND EXPRESSION

AUTHOR – JIGYASA, ADVOCATE AND INDIVIDUAL AUTHOR

BEST CITATION – JIGYASA, IMPACT OF THE NATIONAL SECURITY ACT ON FREEDOM OF SPEECH AND EXPRESSION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 1120-1127, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The National Security Act (NSA), 1980, was enacted to safeguard India’s national security and public order through preventive detention. However, its broad provisions and discretionary powers have raised concerns about its impact on fundamental rights, particularly the freedom of speech. This article analyzes the malicious application of the NSA in contemporary democracies, focusing on the management of dissent, censorship of the media, and suppression of government critics. As a result, the cases of the journalist Kishore Chandra Wang Khem, Dr. Kafeel Khan, and more recently, Siddique Kappan, all showcase the misuse of the Law towards the people who challenge the ‘status quo’ or get a hold of certain deep-cover stories. The judicial responses, though, have granted some reprieve to the parties and have been thwarted by the statute regarding the restrictions on judicial review- the statute’s tools.

When compared with international standards, it becomes clear that there is an urgent need for change since certain countries like the United Kingdom and Canada have imposed measures on freedom of expression but still manage to deal with national security issues effectively, expression guaranteed under Article 19(1)(a) of the Indian Constitution. The article presents some practical changes to the National Security Act, including an unambiguous interpretation of terms like ‘national security threat’, enhanced processes of monitoring the judiciary’s actions, assurance of respect for human rights, and openness in administration. The experts’ proposals aim to achieve an equilibrium between fundamental human rights and the assertion of national security, so as not to misuse the NSA to violate the rights of individuals guaranteed by the constitution of the land. The article finally states that “democracy depends on the preservation of the right to free speech, which allows the existence of an environment where different voices can be heard without fearing any retaliation from the government”.

KEYWORDS: Fundamental rights, Preventive detention, judicial review, statute, discretionary power.