All questions of Administrative Reforms & Commission Reports for UPSC CSE Exam

The act that is recommended to be repealed and substituted by a chapter in the National Security Act is the Official Secrets Act, 1923.

Explanation:

The Official Secrets Act, 1923 is a colonial-era law that was enacted to protect state secrets and prevent espionage. However, over the years, there have been concerns raised about the misuse and abuse of this act, particularly in cases where it has been used to curb freedom of speech and suppress whistleblowers.

Repealing and substituting the Official Secrets Act with a chapter in the National Security Act would provide a more comprehensive and updated framework for dealing with matters of national security and protection of state secrets.

Here is why the Official Secrets Act, 1923 should be repealed and substituted by a chapter in the National Security Act:

1. Outdated and colonial-era law:
- The Official Secrets Act, 1923 is a relic of the colonial era and does not adequately address the challenges and complexities of the modern world.
- It was enacted during the British rule in India and was primarily aimed at protecting British interests rather than safeguarding Indian national security.

2. Restrictions on freedom of speech:
- There have been instances where the Official Secrets Act has been misused to curb freedom of speech and target individuals who have exposed wrongdoing or corruption.
- Whistleblowers and journalists have faced harassment and legal action under the act for bringing to light issues of public interest.

3. Lack of transparency and accountability:
- The Official Secrets Act has been criticized for providing excessive powers to the government and security agencies without adequate checks and balances.
- This lack of transparency and accountability can lead to abuse of power and hinder the functioning of a democratic society.

4. Need for a comprehensive and modern framework:
- National security is a critical aspect of governance, and it requires a comprehensive and modern legal framework to address the evolving security challenges.
- By incorporating a chapter on state secrets and national security in the National Security Act, the government can ensure that there is a balanced approach that protects both national security and individual rights.

In conclusion, repealing and substituting the Official Secrets Act, 1923 with a chapter in the National Security Act is necessary to address the shortcomings of the current law and provide a more comprehensive and balanced framework for dealing with matters of national security and protection of state secrets.