Q. With reference to the ‘Preventive Detention’, consider the following statements:
1. Preventive Detention means detention of a person without trial and conviction by a court.
2. The maximum period for which a person can be detained under Preventive Detention is 2 months.
3. Only Parliament can make a law regarding Preventive Detention.
How many of the above given statements is/ are correct?
Exp) Option a is the correct answer.
Article 22 grants protection to persons who are arrested or detained. Detention is of two types, namely, punitive and preventive.
Statement 1 is correct: Preventive detention means 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.
Statement 2 is incorrect: The 44th Amendment act of 1978 has reduced the period of detention without obtaining the opinion of the advisory board from 3 months to 2 months. However, this provision has not yet been brought into force, hence, the original period of three months still continues. Also, if an advisory board reports sufficient cause for an extension, its 3-month period can also be extended.
Statement 3 is incorrect: The Constitution has divided the legislative power with regard to preventive detention between the Parliament and the state legislatures. The Parliament has exclusive authority to make a law of preventive detention for reasons connected with defence, foreign affairs and the security of India. Both the Parliament as well as the state legislatures can concurrently make a law of preventive detention for reasons connected with the security of a state, the maintenance of public order.
