Indian Polity · Preventive Detention and Fundamental Rights
Regarding the constitutional framework and judicial scrutiny of preventive detention in India, which of the following statements is correct?
- 1Preventive detention laws require prior approval from the Supreme Court before a person can be detained to prevent future crimes.
- 2The Constitution permits preventive detention under Articles 22(3) to (7), but requires that the detained person must be informed of grounds of detention and allowed to make a representation, and the Supreme Court has upheld these laws subject to procedural safeguards.✓
- 3Article 22(3) mandates that every person detained preventively must be produced before a magistrate within 48 hours, and this is an absolute safeguard irrespective of exceptions.
- 4Preventive detention laws violate Article 21 of the Constitution because they allow detention without trial, and the Supreme Court has consistently struck down all such laws as unconstitutional.
Correct answer
The Constitution permits preventive detention under Articles 22(3) to (7), but requires that the detained person must be informed of grounds of detention and allowed to make a representation, and the Supreme Court has upheld these laws subject to procedural safeguards.
Download Single Question PDF
Save this question and verified answer as a clean study sheet with live clickable link.
Share with Friends & Study Groups
Challenge your peer aspirants on WhatsApp or Telegram to solve this question!
Preparing for Indian Polity?
Practice full-length mock tests with real exam timers, instant score analysis, and all-India ranking.
Want more practice questions on Preventive Detention and Fundamental Rights?
Solve complete topic-wise tests with detailed solutions on GkGet.
Related Practice Questions
Recommended practice questions in Indian Polity · Preventive Detention and Fundamental Rights