Preventive detention a colonial legacy, gives government arbitrary powers : SC

Share with Your Friends

Preventive detention a colonial legacy, gives government arbitrary powers: SC

Recently, the Supreme Court has clarified that the Preventive Detention Act is a colonial law, so it should be used only in the rarest of rare cases.

The Supreme Court while quashing a detention order made several observations, some of which are as follows –

  • Courts should analyze cases related to such laws very carefully. This will ensure that the government is exercising its power in a controlled and balanced manner.
  • In cases of preventive detention, the government should strictly follow each and every procedural strictness.
  • Preventive detention means detaining a person without trial and without being proved guilty by the court. Its purpose is to prevent him from committing crimes in the near future.
  • Parliament has the prerogative to make laws for preventive detention for issues related to defence, foreign affairs and security of India.
  • The Parliament as well as the State Legislatures can make such laws for matters relating to the security of the State, maintenance of law and order and the supply and maintenance of services.
  • The Constitution of India provides protection from arrest and detention under Articles 22(1) and 22(2). This protection is not available to a person arrested or detained under preventive detention laws.
  • Under preventive detention, a person can be kept in custody for three months. An Advisory Board has to submit a report with sufficient reasons for extending this period.

Source – India Today

Download Our App

More Current Affairs

Was this article helpful?

Leave a Comment

Click to Join Our Current Affairs WhatsApp Group

Join Our Whatsapp Group For Daily, Weekly, Monthly Current Affairs Compilation & Daily Mains Answer Writing Test & Current Affairs MCQ

In Our Current Affairs WhatsApp Group you will get daily Mains Answer Writing Question PDF and Word File, Daily Current Affairs PDF and So Much More in Free So Join Now

Register For Latest Notification

Register Yourself For Latest Current Affairs

June 2023
« May    

Mains Answer Writing Practice

Recent Current Affairs (English)

Current Affairs (हिन्दी)

Subscribe Our Youtube Channel

Register now

Get Free Counselling Session with mentor

Download App

Get Youth Pathshala App For Free

Hi, there

Welcome to Youth Destination IAS

We have a perfect gift For you:
Open Access to the Youth Destination Library