Section9
The National Security Act, 1980

Constitution of Advisory Boards

In force From 27 Dec 1980 Act 65 of 1980 As on 15 Oct 2026

Act 65 of 1980 Ministry Home Affairs Enacted 27 Dec 1980 In force 27 Dec 1980 Cited by 2 provisions Instruments 1

Section 9 of the National Security Act, 1980 deals with constitution of Advisory Boards. The Central Government and each State Government shall, whenever necessary, constitute one or more Advisory Boards for the purposes of this Act. The Act came into force on 27 Dec 1980.

(1) The Central Government and each State Government shall, whenever necessary, constitute one or more Advisory Boards for the purposes of this Act.

(2) Every such Board shall consist of three persons who are, or have been, or are qualified to be appointed as, Judges of a High Court, and such persons shall be appointed by the appropriate Government.

(3) The appropriate Government shall appoint one of the members of the Advisory Board who is, or has been, a Judge of a High Court to be its Chairman, and in the case of a Union territory, the appointment to the Advisory Board of any person who is a Judge of the High Court of a State shall be with the previous approval of the State Government concerned.

Section 9, The National Security Act, 1980 (Act 65 of 1980).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

  1. Pebam Ningol Mikoi Devi vs State of Manipur

    Supreme Court of India 27 Sep 2010 Binding (SC) Reportable

    Court's Decision & Legal Precedent

    In preventive detention under the National Security Act, 1980, the subjective satisfaction of the detaining authority must be based on pertinent and relevant material capable of objective scrutiny. Statements recorded under Section 161 of the Criminal Procedure Code, 1973, standing alone and without corroborating material, are insufficient to form the basis for a detention order as they are not substantive evidence but can only be used to contradict the maker at trial. When grounds of detention are vague, irrelevant, or not supported by material evidence, or when there is unexplained delay in forwarding representation to the Central Government, the detention order becomes vulnerable to being quashed on judicial review. The difficulty of the prosecution in securing evidence for conviction through normal trial cannot justify resorting to preventive detention.

    On this section: Advisory Board constituted to advise on validity of detention

    Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Made under this section, and citing it

1 instrument names this provision in its title or its text without being made under it.

All subordinate legislation

Questions about Section 9

What have the courts held on Section 9 of the National Security Act?

Pebam Ningol Mikoi Devi vs State of Manipur (27 Sep 2010) is the leading judgment on this section among those set out below: Advisory Board constituted to advise on validity of detention.

How do I find court cases under Section 9 of the National Security Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: National Security Act 1980 9, section 9 National Security Act 1980, section 9 of the National Security Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Pebam Ningol Mikoi Devi vs State of Manipur (27 Sep 2010).

What should I read with Section 9 of the National Security Act, and has it changed?

2 other provisions in this corpus refer back to it. One instrument names it without being made under it, most recently Delhi Electricity Regulatory Commission (Levy and Collection of Fee and Charges by State Load Despatch Centre) Regulations, 2007 (2007).

When did Section 9 of the National Security Act come into force?

Section 9 of the National Security Act, cited as National Security Act 1980 9, came into force on 27 Dec 1980, having been enacted on 27 Dec 1980. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.