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With respect to Preventive Detention in India, consider the following statements :
1. It was borrowed from the British Constitution.
2. Both the Central and State Governments can legislate laws on Preventive dentition for the maintenance of Public order.
3. The person detained under preventive detention has the Right to Legal aid, guaranteed under Article 21.
xWhich of the statements given above is/are correct ?
  • a)
    1 and 2 only
  • b)
    2 only
  • c)
    1 and 3 only
  • d)
    2 and 3 only
Correct answer is option 'B'. Can you explain this answer?
Most Upvoted Answer
With respect to Preventive Detention in India, consider the following ...
India is one of the few nations in the world with a Constitution that provides for preventative detention in times of peace without the protections considered necessary in other countries to protect fundamental human rights. The first Preventive Detention Act was passed on 26 February 1950 with the purpose of preventing anti- national elements from carrying out acts that are hostile to the Nation’s security and defense. It was not borrowed from the British constitution. So. Statement 1 is not correct.
According to the seventh schedule of the Indian Constitution, Preventive detention for reasons connected with the security of a State, the maintenance of public order, or the maintenance of supplies and services essential to the community falls under the concurrent list, where by both the Central and State Governments can legislate laws on Preventive dentition. So, Statement 2 is correct.
Preventive Detention is an action taken by the administration on the grounds of the suspicion that some wrong actions may be done by the person concerned, which will be prejudicial to the state. Preventive Detention is the most contentious part of the scheme of fundamental rights in the Indian constitutions Article 22(3) provides that if the person is arrested or detained under preventive detention laws, then the protection against arrest and Detention provided under article22 (1) and22 (2) shall not be available to that person. A detainee under preventive Detention can have no right of personal liberty guaranteed by Article 19 Or Right to Legal aid, guaranteed under Article 21.
So, Statement 3 is not correct. 
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With respect to Preventive Detention in India, consider the following statements :1. It was borrowed from the British Constitution.2. Both the Central and State Governments can legislate laws on Preventive dentition for the maintenance of Public order.3. The person detained under preventive detention has the Right to Legal aid, guaranteed under Article 21.xWhich of the statements given above is/are correct ?a)1 and 2 onlyb)2 onlyc)1 and 3 onlyd)2 and 3 onlyCorrect answer is option 'B'. Can you explain this answer?
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With respect to Preventive Detention in India, consider the following statements :1. It was borrowed from the British Constitution.2. Both the Central and State Governments can legislate laws on Preventive dentition for the maintenance of Public order.3. The person detained under preventive detention has the Right to Legal aid, guaranteed under Article 21.xWhich of the statements given above is/are correct ?a)1 and 2 onlyb)2 onlyc)1 and 3 onlyd)2 and 3 onlyCorrect 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 With respect to Preventive Detention in India, consider the following statements :1. It was borrowed from the British Constitution.2. Both the Central and State Governments can legislate laws on Preventive dentition for the maintenance of Public order.3. The person detained under preventive detention has the Right to Legal aid, guaranteed under Article 21.xWhich of the statements given above is/are correct ?a)1 and 2 onlyb)2 onlyc)1 and 3 onlyd)2 and 3 onlyCorrect 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 With respect to Preventive Detention in India, consider the following statements :1. It was borrowed from the British Constitution.2. Both the Central and State Governments can legislate laws on Preventive dentition for the maintenance of Public order.3. The person detained under preventive detention has the Right to Legal aid, guaranteed under Article 21.xWhich of the statements given above is/are correct ?a)1 and 2 onlyb)2 onlyc)1 and 3 onlyd)2 and 3 onlyCorrect answer is option 'B'. Can you explain this answer?.
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