Q. Consider the following statements regarding the ‘preventive detention’ law in India:
1. The Constitution of India prescribes that the preventive detention cannot exceed beyond the maximum period of three months under any circumstance.
2. Both the Centre and the States can enact laws on matters regarding preventive detention.
3. Article 22 provides protection against preventive detention only to Indian citizens and not to foreigners.
How many of the above given statements are correct?
Exp) Option a is the correct answer.
Preventive detention means detention of a person without trial. It is meant to prevent a person from committing any crime. In other words, the person has not committed any crime yet, but the authorities anticipate him to be a threat to law and order.
Statement 1 is incorrect: The Constitution provides that detention of a person cannot exceed three months. However, in certain circumstances it can be extended if an Advisory Board reports sufficient cause for its extension.
Statement 2 is correct: Both the Centre and the States can make laws on preventive detention. The Centre has exclusive rights to make a law of preventive detention on the matters connected with defense, foreign affairs and the security of India. On the matters pertaining to security of the State, maintenance of public order and maintenance of supplies and services essential to the community, both the Centre and the States can concurrently enact laws.
Statement 3 is incorrect: Protection under Article 22 regarding preventive detention is applicable to both- Indian citizens and the foreigners.
