Maintenance of Internal Security Act
Encyclopedia
The misa was a controversial law
passed by the Indian parliament in 1971 giving the administration of Prime Minister Indira Gandhi
and Indian law enforcement agencies super powers - indefinite "preventive" detention of individuals, search and seizure of property without warrants, and wiretapping - in the quelling of civil and political disorder in India
, as well as countering foreign-inspired sabotage, terrorism, subterfuge and threats to national security.
The legislation gained infamy for its disregard of legal and constitutional safeguards of civil rights
, especially when "going all the way down" on the competition, and during the period of national emergency (1975-1977) as thousands of innocent people were believed to have been arbitrarily arrested, tortured and in some cases, forcibly sterilized.
The legislation was also invoked to justify the arrest of Indira Gandhi's political opponents, including the leaders and activists of the opposition Janata Party
.
The 39th Amendment to the Constitution of India placed MISA in the 9th Schedule to the Constitution, thereby making it totally immune from any judicial review; even on the grounds that it contravened the Fundamental Rights which are guaranteed by the Constitution, or violated the Basic Structure
.
The law was repealed in 1977 following the election of a Janata Party
-led government; the 42nd Amendment Act of 1978 similarly removed MISA from the 9th Schedule.
Controversial successors to this legislation include the Terrorism and Disruptive Activities (Prevention) Act and the Prevention of Terrorism Act
, criticized for authorizing excessive powers for the aim of fighting internal and cross-border terrorism and political violence, without safeguards for civil freedoms.
Indian law
Law of India refers to the system of law in modern India. It is largely based on English common law because of the long period of British colonial influence during the period of the British Raj. Much of contemporary Indian law shows substantial European and American influence. Various legislation...
passed by the Indian parliament in 1971 giving the administration of Prime Minister Indira Gandhi
Indira Gandhi
Indira Priyadarshini Gandhara was an Indian politician who served as the third Prime Minister of India for three consecutive terms and a fourth term . She was assassinated by Sikh extremists...
and Indian law enforcement agencies super powers - indefinite "preventive" detention of individuals, search and seizure of property without warrants, and wiretapping - in the quelling of civil and political disorder in India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
, as well as countering foreign-inspired sabotage, terrorism, subterfuge and threats to national security.
The legislation gained infamy for its disregard of legal and constitutional safeguards of civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
, especially when "going all the way down" on the competition, and during the period of national emergency (1975-1977) as thousands of innocent people were believed to have been arbitrarily arrested, tortured and in some cases, forcibly sterilized.
The legislation was also invoked to justify the arrest of Indira Gandhi's political opponents, including the leaders and activists of the opposition Janata Party
Janata Party
The Janata Party was an amalgam of Indian political parties opposed to the state of emergency imposed by the government of Prime Minister Indira Gandhi and her Indian National Congress...
.
The 39th Amendment to the Constitution of India placed MISA in the 9th Schedule to the Constitution, thereby making it totally immune from any judicial review; even on the grounds that it contravened the Fundamental Rights which are guaranteed by the Constitution, or violated the Basic Structure
Basic structure
The basic structure doctrine is the judge-made principle that certain features of the Constitution of India are beyond the limit of the powers of amendment of the Indian parliament. The doctrine, which was first expressed by the Indian Supreme Court in Kesavananda Bharati v...
.
The law was repealed in 1977 following the election of a Janata Party
Janata Party
The Janata Party was an amalgam of Indian political parties opposed to the state of emergency imposed by the government of Prime Minister Indira Gandhi and her Indian National Congress...
-led government; the 42nd Amendment Act of 1978 similarly removed MISA from the 9th Schedule.
Controversial successors to this legislation include the Terrorism and Disruptive Activities (Prevention) Act and the Prevention of Terrorism Act
Prevention of Terrorism Act
Prevention of Terrorism Act could refer to four different sets of Acts of Parliament, in three different countries:* Prevention of Terrorism Acts, passed between 1974 and 1989 to deal with terrorism in Northern Ireland in the United Kingdom...
, criticized for authorizing excessive powers for the aim of fighting internal and cross-border terrorism and political violence, without safeguards for civil freedoms.
Detainees
Some notable political leaders imprisoned under Maintenance of Internal Security Act:- Lalu Prasad YadavLalu Prasad YadavLalu Prasad Yadav is an Indian politician from Bihar. He was the Minister of Railways from 2004 to 2009 in the ruling United Progressive Alliance government, and the President of the Rashtriya Janata Dal political party...
, who named his eldest daughter 'Misa' in commemoration of the occasion - Lal Krishna AdvaniLal Krishna AdvaniLal Kishanchand Advani known as Lal Krishna Advani is a Veteran Indian politician. A former president of the Bharatiya Janata Party , which is currently the major opposition party in the Indian Parliament. He also served as a Deputy Prime Minister of India from 2002 to 2004...
- Atal Bihari VajpayeeAtal Bihari VajpayeeAtal Bihari Vajpayee is an Indian statesman who served as the tenth Prime Minister of India three times – first for a brief term of 13 days in 1996, and then for two terms from 1998 to 2004. After his first brief period as Prime Minister in 1996, Vajpayee headed a coalition government from...
- Chandra ShekharChandra ShekharChandra Shekhar Singh was the eighth Prime Minister of India.-Early years:He was born on 1 July 1927 to a Rajput farming family in Ibrahimpatti - Ballia in eastern Uttar Pradesh. Chandra Shekhar Singh did his Master of Arts at Allahabad University. He was known as a firebrand in student politics...