Chapter

Constitutionality of Detention <i>Per Se</i>

B. Uma Devi

in Arrest, Detention, and Criminal Justice System

Published in print March 2012 | ISBN: 9780198075998
Published online September 2012 | e-ISBN: 9780199080953 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198075998.003.0016
Constitutionality of Detention Per Se

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This chapter argues that the ‘composite code’ approach to the Indian Constitution would obligate reading together Articles 19, 21, and 22. It is clear that detention could be constitutionally valid in case of a citizen only when made in the interests of sovereignty and integrity of India and/or public order. Any detention apart from being an encroachment on the personal liberty guaranteed under Article 21 would drastically affect the freedoms guaranteed under Article 19 of the Constitution. However, the discussion notes that there is no incompatibility between Articles 19, 21, and 22 of the Constitution and, in fact, they would together effectively channelize the exercise of arrest and detention powers of the State with regard to the people's liberties. The chapter concludes that it is bounden duty of the State to explore ways and means to control crime and criminality within the constitutionally permissible parameters.

Keywords: Indian Constitution; Article 19; Article; 21; Article 22; detention; personal liberty; criminality

Chapter.  2825 words. 

Subjects: Human Rights and Immigration

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