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Consider the following statements regarding Preventive Detention:
- Parliament has the exclusive power to enact a law for preventive detention for the reasons related to the maintenance of public order.
- No person shall be detained under preventive detention laws for a longer period than three months unless an Advisory Board reports sufficient cause for extended 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 'B'. Can you explain this answer?
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Consider the following statements regarding Preventive Detention: Parl...
Statement 1: Parliament has the exclusive power to enact a law for preventive detention for the reasons related to the maintenance of public order.
This statement is incorrect. According to the Indian Constitution, the power to enact laws for preventive detention is not exclusive to the Parliament. Both the Parliament and the State Legislatures have the power to enact such laws. This is evident from Entry 9 of List I (Union List) and Entry 3 of List III (Concurrent List) of the Seventh Schedule of the Constitution. The Parliament has the power to make laws on matters listed in the Union List, and the State Legislatures have the power to make laws on matters listed in the State List. However, matters listed in the Concurrent List can be legislated upon by both the Parliament and the State Legislatures.
Statement 2: No person shall be detained under preventive detention laws for a longer period than three months unless an Advisory Board reports sufficient cause for extended detention.
This statement is correct. According to Article 22(4) of the Indian Constitution, a person who is detained under preventive detention laws cannot be detained for a period longer than three months unless an Advisory Board has reported sufficient cause for extended detention. This provision ensures that the power of preventive detention is not exercised arbitrarily and that there are checks and balances to prevent misuse of this power. The Advisory Board, which consists of members who are qualified to be appointed as judges of a High Court, reviews the necessity and legality of the detention and ensures that it is not prolonged without valid reasons.
Therefore, the correct answer is option B: 2 only.
This statement is incorrect. According to the Indian Constitution, the power to enact laws for preventive detention is not exclusive to the Parliament. Both the Parliament and the State Legislatures have the power to enact such laws. This is evident from Entry 9 of List I (Union List) and Entry 3 of List III (Concurrent List) of the Seventh Schedule of the Constitution. The Parliament has the power to make laws on matters listed in the Union List, and the State Legislatures have the power to make laws on matters listed in the State List. However, matters listed in the Concurrent List can be legislated upon by both the Parliament and the State Legislatures.
Statement 2: No person shall be detained under preventive detention laws for a longer period than three months unless an Advisory Board reports sufficient cause for extended detention.
This statement is correct. According to Article 22(4) of the Indian Constitution, a person who is detained under preventive detention laws cannot be detained for a period longer than three months unless an Advisory Board has reported sufficient cause for extended detention. This provision ensures that the power of preventive detention is not exercised arbitrarily and that there are checks and balances to prevent misuse of this power. The Advisory Board, which consists of members who are qualified to be appointed as judges of a High Court, reviews the necessity and legality of the detention and ensures that it is not prolonged without valid reasons.
Therefore, the correct answer is option B: 2 only.
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Community Answer
Consider the following statements regarding Preventive Detention: Parl...
The Kerala High Court has underscored that the power of preventive detention can only be invoked in cases where an individual’s activities pose a threat to public order or are detrimental to society.
About Preventive Detention:
- Preventive detention refers to the detention of an individual without a trial or conviction by a court.
- The primary objective of preventive detention is not to punish an individual for a past offence but to prevent them from committing an offence in the future.
- Preventive detention laws are enacted by governments to ensure public safety and maintain social order.
- Constitutional Provisions and Safeguards:
- Article 22 of the Indian Constitution grants protection to individuals who are arrested or detained.
- It has two parts—the first part deals with cases of ordinary law, which includes situations where an individual is detained as part of a criminal investigation.
- The second part deals with cases of preventive detention law, which pertains to the detention of individuals without a trial or conviction.
- Article 22 (4) states that no law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless an Advisory Board reports sufficient cause for extended detention.
- The detainee is entitled to know the grounds of his detention. The state, however, may refuse to divulge the grounds of detention if it is in the public interest to do so.
- The detaining authorities must give the detainee earliest opportunities for making representation against the detention.
- Who can make laws under Preventive Detention?
- Parliament has the exclusive power to enact a law for preventive detention for the reasons connected with defence, foreign affairs, or security of India.
- Both Parliament and State Legislature have powers to enact a law for preventive detention for the reasons related to the maintenance of public order or the maintenance of supplies or services essential to the community.
- Laws that provide for Preventive Detention:
- In India, various laws provide for preventive detention, including the National Security Act (NSA) of 1980, the Unlawful Activities (Prevention) Act (UAPA) of 1967, and state-specific laws like the Maintenance of Internal Security Act (MISA) and the Public Safety Acts (PSA) in certain states.
- Under these laws, authorities can detain an individual for a specific period, typically up to 12 months, without presenting formal charges or conducting a trial.
- The detention order is issued by a designated authority or government official and is subject to periodic review by an advisory board.
Hence only statement 2 is correct.
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Consider the following statements regarding Preventive Detention: Parliament has theexclusive powerto enact a law for preventive detention for the reasons related to the maintenance of public order. No person shall be detained under preventive detention laws for a longer period than three months unless anAdvisory Board reportssufficient cause for extendeddetention.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 'B'. Can you explain this answer?
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Consider the following statements regarding Preventive Detention: Parliament has theexclusive powerto enact a law for preventive detention for the reasons related to the maintenance of public order. No person shall be detained under preventive detention laws for a longer period than three months unless anAdvisory Board reportssufficient cause for extendeddetention.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 'B'. 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: Parliament has theexclusive powerto enact a law for preventive detention for the reasons related to the maintenance of public order. No person shall be detained under preventive detention laws for a longer period than three months unless anAdvisory Board reportssufficient cause for extendeddetention.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 'B'. 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: Parliament has theexclusive powerto enact a law for preventive detention for the reasons related to the maintenance of public order. No person shall be detained under preventive detention laws for a longer period than three months unless anAdvisory Board reportssufficient cause for extendeddetention.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 'B'. Can you explain this answer?.
Consider the following statements regarding Preventive Detention: Parliament has theexclusive powerto enact a law for preventive detention for the reasons related to the maintenance of public order. No person shall be detained under preventive detention laws for a longer period than three months unless anAdvisory Board reportssufficient cause for extendeddetention.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 'B'. 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: Parliament has theexclusive powerto enact a law for preventive detention for the reasons related to the maintenance of public order. No person shall be detained under preventive detention laws for a longer period than three months unless anAdvisory Board reportssufficient cause for extendeddetention.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 'B'. 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: Parliament has theexclusive powerto enact a law for preventive detention for the reasons related to the maintenance of public order. No person shall be detained under preventive detention laws for a longer period than three months unless anAdvisory Board reportssufficient cause for extendeddetention.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 'B'. Can you explain this answer?.
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