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Consider the following statements regarding Preventive detention under Article 22 of the Constitution:


1. While the minimum period of detention without judicial approval is fixed in the Constitution, the maximum period of detention with judicial is to be prescribed through a legislative act.


2. Approval for detention beyond a period of three months is to be made by either a regular bench of a High Court or an Advisory Board.


3. 44th Amendment Act of 1978 has reduced the period of detention without judicial approval from three to two months.


Which of the statements given above is/are correct ?

  • a)
    1 only

  • b)
    1 and 2 only

  • c)
    1, 2 and 3

  • d)
    1 and 3 only

Correct answer is option 'D'. Can you explain this answer?
Most Upvoted Answer
Consider the following statements regarding Preventive detention under...
Article 22(2) of the Indian constitution provides that, every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate. Right to be released after 24 hours unless the magistrate authorises further detention. Article 22 also authorises the Parliament to prescribe (a) 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; (b) the maximum period for which a person can be detained in any classes of cases under a preventive detention law; and (c) the procedure to be followed by an advisory board in an inquiry. So, Statement 1 is correct.
According to the Article 22(4) of the Indian constitution, no law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless an Advisory Board consisting of persons who are, or have been, or are qualified to be appointed as, Judges of a High Court has reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention. So, Statement 2 is not correct.
The 44th Amendment Act of 1978 has reduced the period of detention without obtaining the opinion of an advisory board from three to two months. However, this provision has not yet been brought into force, hence, the original period of three months still continues. So, Statement 3 is correct. 
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Consider the following statements regarding Preventive detention under Article 22 of the Constitution:1. While the minimum period of detention without judicial approval is fixed in the Constitution, the maximum period of detention with judicial is to be prescribed through a legislative act.2. Approval for detention beyond a period of three months is to be made by either a regular bench of a High Court or an Advisory Board.3. 44th Amendment Act of 1978 has reduced the period of detention without judicial approval from three to two months.Which of the statements given above is/are correct ?a)1 onlyb)1 and 2 onlyc)1, 2 and 3d)1 and 3 onlyCorrect answer is option 'D'. Can you explain this answer?
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Consider the following statements regarding Preventive detention under Article 22 of the Constitution:1. While the minimum period of detention without judicial approval is fixed in the Constitution, the maximum period of detention with judicial is to be prescribed through a legislative act.2. Approval for detention beyond a period of three months is to be made by either a regular bench of a High Court or an Advisory Board.3. 44th Amendment Act of 1978 has reduced the period of detention without judicial approval from three to two months.Which of the statements given above is/are correct ?a)1 onlyb)1 and 2 onlyc)1, 2 and 3d)1 and 3 onlyCorrect 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 of the Constitution:1. While the minimum period of detention without judicial approval is fixed in the Constitution, the maximum period of detention with judicial is to be prescribed through a legislative act.2. Approval for detention beyond a period of three months is to be made by either a regular bench of a High Court or an Advisory Board.3. 44th Amendment Act of 1978 has reduced the period of detention without judicial approval from three to two months.Which of the statements given above is/are correct ?a)1 onlyb)1 and 2 onlyc)1, 2 and 3d)1 and 3 onlyCorrect 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 of the Constitution:1. While the minimum period of detention without judicial approval is fixed in the Constitution, the maximum period of detention with judicial is to be prescribed through a legislative act.2. Approval for detention beyond a period of three months is to be made by either a regular bench of a High Court or an Advisory Board.3. 44th Amendment Act of 1978 has reduced the period of detention without judicial approval from three to two months.Which of the statements given above is/are correct ?a)1 onlyb)1 and 2 onlyc)1, 2 and 3d)1 and 3 onlyCorrect answer is option 'D'. Can you explain this answer?.
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