Chapter

Constitutionality of Preventive Detention

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/9780198075998.003.0030
Constitutionality of Preventive Detention

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This chapter argues that preventive detention, that is, arrest and detention on suspicion and continued detention without trial is indeed the most draconian power a State could have in relation to the personal liberty of an individual. When Article 19 is suspended, it could be inferred that preventive detention laws, in case of citizens, could stand the test of constitutionality only when a war, war-like situation, or an emergency prevails. The State can resort to preventive detention laws for reasons connected with defence, foreign affairs, security of India, security of a State, maintenance of public order or maintenance of supplies and services essential to the community. Thus, all the laws in operation at present which provide for preventive detention of a citizen in what can be justifiably described as peacetime would be palpably unconstitutional and have to be scrapped forthwith.

Keywords: detention laws; preventive detention; personal liberty; national security; emergency; Article 19

Chapter.  8454 words. 

Subjects: Human Rights and Immigration

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