Context:
Preventive detention by routine exercise of powers must be nipped in bud: Supreme Court
Preventive Detention:
- Preventive Detention – It refers to the detention of a person without trial and conviction by a court.
- Its purpose is not to punish a person for a past offence but to prevent him from committing an offence in the near future.
- Legislative competency –
- Parliament has exclusive authority to make a law of Preventive Detention on defence, foreign affairs and security of India.
- Both Parliament and state legislatures, can concurrently make a law for reasons connected with security of a state, maintenance of public order etc.
- Constitutional Provisions – Article 22 (4) to 22 (7) grants protection to persons who are arrested or detained under a law providing for preventive detention
- No detention beyond 3 months unless such detention is approved by the Advisory Board.
- The detaining authority must communicate, as soon as may be, to the detenu, the grounds for such detention.
- The detenu must be afforded the earliest opportunity of making a representation against the order of detention.
- Laws providing for Preventive Detention – National Security Act 1980, Unlawful Activities (Prevention) Amendment Act, 2019
Advisory Board:
- Mentioned in – Article 22(4) of the Constitution
- Comprises – Any persons who have been or qualified to be appointed as judges of High Court.
- Parliament can lay down procedures to be followed by an Advisory Board during an inquiry.
Important judgments on Preventive Detention:
- AK Gopalan vs State of Madras (1950) – Supreme Court upheld constitutional validity of Preventive Detention Act of 1950.
- Mariappan vs. The District Collector and Others (2014) – Court held that the aim of detention and its laws is not to punish anyone but to stop certain crimes from being committed.
- Nenavath Bujji etc vs State of Telangana (2024) – Inability on the part of the state’s police machinery to tackle the law-and-order situation should not be an excuse to invoke the jurisdiction of preventive detention
Source: The Indian Express
Previous Year Question
Under the Constitution of India, which one of the following is not a Fundamental Duty?
[UPSC Civil Service Exam – 2011 Prelims]
(a) To vote in public elections
(b) To develop the scientific temper
(c) To safeguard public property
(d) To abide by the Constitution and respect its ideals
Answer: (a)
