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Consider the following statements regarding preventive detention under Article 22:
If a person is detained under preventive detention, the reason for his detention has to be informed within 24 hours.
Only Parliament has the authority to make laws on preventive detention.
Which of the statements given above is/are correct?
- a)1 only
- b)2 only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'D'. Can you explain this answer?
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Most Upvoted Answer
Consider the following statements regarding preventive detention unde...
- Article 22 grants protection to persons who are arrested or detained. Detention is of two types, namely, punitive and preventive. Punitive detention is to punish a person for an offense committed by him after trial and conviction in a court.
- Preventive detention, on the other hand, means the detention of a person without trial and conviction by a court. Its purpose is not to punish a person for a past offense but to prevent him from committing an offense in the near future.
- Article 22 has two parts–the first part (clauses 1 & 2) deals with the cases of ordinary law and the second part (4, 5, 6, and 7) deals with the cases of preventive detention law.
- The second part of Article 22 grants protection to persons who are arrested or detained under a preventive detention law. This protection is available to both citizens as well as aliens and includes the following:
- The detention of a person cannot exceed three months unless the advisory board reports sufficient cause for extended detention. The board is to consist of judges of a high court.
- The grounds of detention should be communicated as soon as possible to the detained or arrested person. However, the facts considered to be against the public interest need not be disclosed. There is no time limit of 24 hours to disclose the reason for his arrest. Hence, statement 1 is not correct.
- The detained person should be afforded an opportunity to make representation against the detention order.
- the circumstances and the classes of cases in which a person can be detained for more than three months under a preventive detention law without obtaining the opinion of an advisory board
- the maximum period for which a person can be detained in any classes of cases under a preventive detention law the procedure to be followed by an advisory board in an inquiry.
Community Answer
Consider the following statements regarding preventive detention unde...
Explanation:
1. Reason for detention:
According to Article 22 of the Indian Constitution, if a person is detained under preventive detention, the reason for his detention does not have to be informed within 24 hours. The individual can be detained without being informed of the grounds for his detention immediately.
2. Authority to make laws:
While it is true that only Parliament has the authority to make laws on preventive detention, this statement alone does not provide a complete understanding of the legal provisions related to preventive detention. State legislatures also have the power to pass laws related to preventive detention under certain circumstances.
Therefore, both statements given in the question are incorrect, and the correct answer is option 'D' - Neither 1 nor 2.
1. Reason for detention:
According to Article 22 of the Indian Constitution, if a person is detained under preventive detention, the reason for his detention does not have to be informed within 24 hours. The individual can be detained without being informed of the grounds for his detention immediately.
2. Authority to make laws:
While it is true that only Parliament has the authority to make laws on preventive detention, this statement alone does not provide a complete understanding of the legal provisions related to preventive detention. State legislatures also have the power to pass laws related to preventive detention under certain circumstances.
Therefore, both statements given in the question are incorrect, and the correct answer is option 'D' - Neither 1 nor 2.
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Consider the following statements regarding preventive detention under Article 22: If a person is detained under preventive detention, the reason for his detention has to be informed within 24 hours. Only Parliament has the authority to make laws on preventive detention. Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'D'. Can you explain this answer?
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Consider the following statements regarding preventive detention under Article 22: If a person is detained under preventive detention, the reason for his detention has to be informed within 24 hours. Only Parliament has the authority to make laws on preventive detention. Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'D'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Consider the following statements regarding preventive detention under Article 22: If a person is detained under preventive detention, the reason for his detention has to be informed within 24 hours. Only Parliament has the authority to make laws on preventive detention. Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements regarding preventive detention under Article 22: If a person is detained under preventive detention, the reason for his detention has to be informed within 24 hours. Only Parliament has the authority to make laws on preventive detention. Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'D'. Can you explain this answer?.
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