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Consider the following statements regarding preventive detention:
1. It may be applied by the State when it affects the law and order situation in the region.
2. The 42nd Amendment Act reduced the period of preventive detention without obtaining an advisory board's opinion from three to two months.
3. The Prevention Detention Act, 1950 was challenged in the AK Gopalan case, where the Supreme Court upheld its constitutionality.
Which of the statements given above is/are correct?
- a)1 and 2 only
- b)1 and 3 only
- c)3 only
- d)1, 2 and 3
Correct answer is option 'C'. Can you explain this answer?
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Consider the following statements regarding preventive detention:1. It...
- Preventive detention means the detention of a person who has not yet committed a crime but is deemed a threat to law and order by authorities. Recently, the Supreme Court has ruled that preventive detention is to be used only in exceptional circumstances. It observed that preventive detention is an exceptional power of the State which affects the personal liberty of individuals and has to be employed sparingly. The Court distinguished between law-and-order situations and public disorder. Preventive detention may apply in the latter but never for the former situation. Hence statement 1 is not correct. .
- Law and order is a general term and is taken to be for a whole area. On the other hand, public order is a duty imposed upon an official from the administration, usually the District Magistrate whenever there is a breach of peace and public calm in a particular place in the district at any given point of time. As such it can be assumed that public order is temporal in nature whereas law and order is a continuous, ongoing term. For example a District Magistrate can make an analysis of the situation of law and order in the district, but he has to rush on the spot to maintain public order in any place where law and order has been breached. Some examples where this can happen are communal riots or caste clashes.
- The 44th Amendment Act of 1978 reduced the period of detention without obtaining an advisory board's opinion from three to two months. However, because this provision has not yet been implemented, hence the original three-month period remains in effect. Hence statement 2 is not correct.
- The Preventive Detention Act of 1950 strengthens human detention in instances involving state conditions, such as national defence, the maintenance of peace and public order, foreign affairs, and so on. However, the legitimacy of this law was challenged in the Supreme Court case of AK Gopalan v. the State of Madras, and with the exception of a few sections, the Supreme Court declared the statute constitutionally lawful. Hence statement 3 is correct.
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Consider the following statements regarding preventive detention:1. It may be applied by the State when it affects the law and order situation in the region.2. The 42nd Amendment Act reduced the period of preventive detention without obtaining an advisory boards opinion from three to two months.3. The Prevention Detention Act, 1950 was challenged in the AK Gopalan case, where the Supreme Court upheld its constitutionality.Which of the statements given above is/are correct?a)1 and 2 onlyb)1 and 3 onlyc)3 onlyd)1, 2 and 3Correct answer is option 'C'. Can you explain this answer?
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Consider the following statements regarding preventive detention:1. It may be applied by the State when it affects the law and order situation in the region.2. The 42nd Amendment Act reduced the period of preventive detention without obtaining an advisory boards opinion from three to two months.3. The Prevention Detention Act, 1950 was challenged in the AK Gopalan case, where the Supreme Court upheld its constitutionality.Which of the statements given above is/are correct?a)1 and 2 onlyb)1 and 3 onlyc)3 onlyd)1, 2 and 3Correct answer is option 'C'. 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:1. It may be applied by the State when it affects the law and order situation in the region.2. The 42nd Amendment Act reduced the period of preventive detention without obtaining an advisory boards opinion from three to two months.3. The Prevention Detention Act, 1950 was challenged in the AK Gopalan case, where the Supreme Court upheld its constitutionality.Which of the statements given above is/are correct?a)1 and 2 onlyb)1 and 3 onlyc)3 onlyd)1, 2 and 3Correct answer is option 'C'. 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:1. It may be applied by the State when it affects the law and order situation in the region.2. The 42nd Amendment Act reduced the period of preventive detention without obtaining an advisory boards opinion from three to two months.3. The Prevention Detention Act, 1950 was challenged in the AK Gopalan case, where the Supreme Court upheld its constitutionality.Which of the statements given above is/are correct?a)1 and 2 onlyb)1 and 3 onlyc)3 onlyd)1, 2 and 3Correct answer is option 'C'. Can you explain this answer?.
Consider the following statements regarding preventive detention:1. It may be applied by the State when it affects the law and order situation in the region.2. The 42nd Amendment Act reduced the period of preventive detention without obtaining an advisory boards opinion from three to two months.3. The Prevention Detention Act, 1950 was challenged in the AK Gopalan case, where the Supreme Court upheld its constitutionality.Which of the statements given above is/are correct?a)1 and 2 onlyb)1 and 3 onlyc)3 onlyd)1, 2 and 3Correct answer is option 'C'. 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:1. It may be applied by the State when it affects the law and order situation in the region.2. The 42nd Amendment Act reduced the period of preventive detention without obtaining an advisory boards opinion from three to two months.3. The Prevention Detention Act, 1950 was challenged in the AK Gopalan case, where the Supreme Court upheld its constitutionality.Which of the statements given above is/are correct?a)1 and 2 onlyb)1 and 3 onlyc)3 onlyd)1, 2 and 3Correct answer is option 'C'. 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:1. It may be applied by the State when it affects the law and order situation in the region.2. The 42nd Amendment Act reduced the period of preventive detention without obtaining an advisory boards opinion from three to two months.3. The Prevention Detention Act, 1950 was challenged in the AK Gopalan case, where the Supreme Court upheld its constitutionality.Which of the statements given above is/are correct?a)1 and 2 onlyb)1 and 3 onlyc)3 onlyd)1, 2 and 3Correct answer is option 'C'. Can you explain this answer?.
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