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Consider the following statements regarding preventive detention in India:
1. The Supreme Court in the Jaseela Shaji vs the Union of India case, 2024, ruled that not providing all relevant documents to the detainee violates the fundamental right under Article 22(5) of the Constitution.
2. Article 22 of the Indian Constitution allows both punitive and preventive detention, focusing on protecting individual rights under these circumstances.
3. The 44th Amendment Act, 1978, implemented the reduction of the detention period without advisory board 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 and 3 Only
- d)1, 2 and 3
Correct answer is option 'B'. Can you explain this answer?
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Most Upvoted Answer
Consider the following statements regarding preventive detention in I...
1. Correct: The Supreme Court in the Jaseela Shaji vs the Union of India case, 2024, did indeed rule that not providing all relevant documents to the detainee violates the fundamental right under Article 22(5) of the Constitution. This ruling emphasized the importance of fair and effective opportunities for detainees to challenge their detention.
2. Correct: Article 22 of the Indian Constitution does address both punitive and preventive detention, laying down protections for individuals detained under these circumstances. It ensures fundamental rights are upheld, including the right to be informed of arrest grounds and the right to legal representation.
3. Incorrect: The 44th Amendment Act, 1978, proposed reducing the detention period without advisory board approval from three to two months, but this provision has not yet been implemented. Therefore, the detention period remains three months without advisory board approval.
Thus, the correct statements are 1 and 2 only.
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Consider the following statements regarding preventive detention in I...
Understanding Preventive Detention in India
Preventive detention refers to the practice of detaining an individual without trial, aimed at preventing potential future crimes. In India, this practice is governed by Article 22 of the Constitution.
Analysis of Statements
- Statement 1: *The Supreme Court in the Jaseela Shaji vs the Union of India case, 2024, ruled that not providing all relevant documents to the detainee violates the fundamental right under Article 22(5) of the Constitution.*
- This statement is correct. Article 22(5) ensures that a person detained must be informed of the grounds of detention and given the earliest opportunity to make a representation against it. The Supreme Court's ruling emphasizes the necessity of transparency in the detention process.
- Statement 2: *Article 22 of the Indian Constitution allows both punitive and preventive detention, focusing on protecting individual rights under these circumstances.*
- This statement is partially correct but misleading. Article 22 primarily focuses on protective measures for individuals in the context of preventive detention, but it does not explicitly mention punitive detention provisions. Thus, while it protects individual rights, it is specifically oriented towards preventive detention.
- Statement 3: *The 44th Amendment Act, 1978, implemented the reduction of the detention period without advisory board approval from three to two months.*
- This statement is incorrect. The 44th Amendment Act actually reduced the maximum period of detention without obtaining the opinion of an advisory board from three months to two months, but this was not a change in the initial period; it was a consolidation of existing provisions.
Conclusion
Based on the analysis, the correct answer is b) 1 and 2 Only. Statement 1 is accurate, while Statement 2 is correct in context but needs clarification regarding punitive detention. Statement 3 is incorrect, as it misrepresents the amendments made by the 44th Amendment Act.
Preventive detention refers to the practice of detaining an individual without trial, aimed at preventing potential future crimes. In India, this practice is governed by Article 22 of the Constitution.
Analysis of Statements
- Statement 1: *The Supreme Court in the Jaseela Shaji vs the Union of India case, 2024, ruled that not providing all relevant documents to the detainee violates the fundamental right under Article 22(5) of the Constitution.*
- This statement is correct. Article 22(5) ensures that a person detained must be informed of the grounds of detention and given the earliest opportunity to make a representation against it. The Supreme Court's ruling emphasizes the necessity of transparency in the detention process.
- Statement 2: *Article 22 of the Indian Constitution allows both punitive and preventive detention, focusing on protecting individual rights under these circumstances.*
- This statement is partially correct but misleading. Article 22 primarily focuses on protective measures for individuals in the context of preventive detention, but it does not explicitly mention punitive detention provisions. Thus, while it protects individual rights, it is specifically oriented towards preventive detention.
- Statement 3: *The 44th Amendment Act, 1978, implemented the reduction of the detention period without advisory board approval from three to two months.*
- This statement is incorrect. The 44th Amendment Act actually reduced the maximum period of detention without obtaining the opinion of an advisory board from three months to two months, but this was not a change in the initial period; it was a consolidation of existing provisions.
Conclusion
Based on the analysis, the correct answer is b) 1 and 2 Only. Statement 1 is accurate, while Statement 2 is correct in context but needs clarification regarding punitive detention. Statement 3 is incorrect, as it misrepresents the amendments made by the 44th Amendment Act.
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Consider the following statements regarding preventive detention in India:1. The Supreme Court in the Jaseela Shaji vs the Union of India case, 2024, ruled that not providing all relevant documents to the detainee violates the fundamental right under Article 22(5) of the Constitution.2. Article 22 of the Indian Constitution allows both punitive and preventive detention, focusing on protecting individual rights under these circumstances.3. The 44th Amendment Act, 1978, implemented the reduction of the detention period without advisory board approval from three to two months.Which of the statements given above is/are correct?a)1 Onlyb)1 and 2 Onlyc)1 and 3 Onlyd)1, 2 and 3Correct answer is option 'B'. Can you explain this answer?
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Consider the following statements regarding preventive detention in India:1. The Supreme Court in the Jaseela Shaji vs the Union of India case, 2024, ruled that not providing all relevant documents to the detainee violates the fundamental right under Article 22(5) of the Constitution.2. Article 22 of the Indian Constitution allows both punitive and preventive detention, focusing on protecting individual rights under these circumstances.3. The 44th Amendment Act, 1978, implemented the reduction of the detention period without advisory board approval from three to two months.Which of the statements given above is/are correct?a)1 Onlyb)1 and 2 Onlyc)1 and 3 Onlyd)1, 2 and 3Correct 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 in India:1. The Supreme Court in the Jaseela Shaji vs the Union of India case, 2024, ruled that not providing all relevant documents to the detainee violates the fundamental right under Article 22(5) of the Constitution.2. Article 22 of the Indian Constitution allows both punitive and preventive detention, focusing on protecting individual rights under these circumstances.3. The 44th Amendment Act, 1978, implemented the reduction of the detention period without advisory board approval from three to two months.Which of the statements given above is/are correct?a)1 Onlyb)1 and 2 Onlyc)1 and 3 Onlyd)1, 2 and 3Correct 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 in India:1. The Supreme Court in the Jaseela Shaji vs the Union of India case, 2024, ruled that not providing all relevant documents to the detainee violates the fundamental right under Article 22(5) of the Constitution.2. Article 22 of the Indian Constitution allows both punitive and preventive detention, focusing on protecting individual rights under these circumstances.3. The 44th Amendment Act, 1978, implemented the reduction of the detention period without advisory board approval from three to two months.Which of the statements given above is/are correct?a)1 Onlyb)1 and 2 Onlyc)1 and 3 Onlyd)1, 2 and 3Correct answer is option 'B'. Can you explain this answer?.
Consider the following statements regarding preventive detention in India:1. The Supreme Court in the Jaseela Shaji vs the Union of India case, 2024, ruled that not providing all relevant documents to the detainee violates the fundamental right under Article 22(5) of the Constitution.2. Article 22 of the Indian Constitution allows both punitive and preventive detention, focusing on protecting individual rights under these circumstances.3. The 44th Amendment Act, 1978, implemented the reduction of the detention period without advisory board approval from three to two months.Which of the statements given above is/are correct?a)1 Onlyb)1 and 2 Onlyc)1 and 3 Onlyd)1, 2 and 3Correct 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 in India:1. The Supreme Court in the Jaseela Shaji vs the Union of India case, 2024, ruled that not providing all relevant documents to the detainee violates the fundamental right under Article 22(5) of the Constitution.2. Article 22 of the Indian Constitution allows both punitive and preventive detention, focusing on protecting individual rights under these circumstances.3. The 44th Amendment Act, 1978, implemented the reduction of the detention period without advisory board approval from three to two months.Which of the statements given above is/are correct?a)1 Onlyb)1 and 2 Onlyc)1 and 3 Onlyd)1, 2 and 3Correct 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 in India:1. The Supreme Court in the Jaseela Shaji vs the Union of India case, 2024, ruled that not providing all relevant documents to the detainee violates the fundamental right under Article 22(5) of the Constitution.2. Article 22 of the Indian Constitution allows both punitive and preventive detention, focusing on protecting individual rights under these circumstances.3. The 44th Amendment Act, 1978, implemented the reduction of the detention period without advisory board approval from three to two months.Which of the statements given above is/are correct?a)1 Onlyb)1 and 2 Onlyc)1 and 3 Onlyd)1, 2 and 3Correct answer is option 'B'. Can you explain this answer?.
Solutions for Consider the following statements regarding preventive detention in India:1. The Supreme Court in the Jaseela Shaji vs the Union of India case, 2024, ruled that not providing all relevant documents to the detainee violates the fundamental right under Article 22(5) of the Constitution.2. Article 22 of the Indian Constitution allows both punitive and preventive detention, focusing on protecting individual rights under these circumstances.3. The 44th Amendment Act, 1978, implemented the reduction of the detention period without advisory board approval from three to two months.Which of the statements given above is/are correct?a)1 Onlyb)1 and 2 Onlyc)1 and 3 Onlyd)1, 2 and 3Correct answer is option 'B'. Can you explain this answer? in English & in Hindi are available as part of our courses for UPSC.
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