MasteryExams
Indian Polity • ConstitutionHard

Consider the constitutional provisions governing preventive detention under Article 22: 1. A person can be detained under preventive detention for a maximum period of three months without obtaining the report of an advisory board. 2. The Constitution empowers Parliament to prescribe the circumstances and classes of cases in which a person may be detained for a period longer than three months under any law made for preventive detention. Which of the statements given above is/are correct?

A. 1 only
B. 2 only
C. Both 1 and 2✓ Correct Answer
D. Neither 1 nor 2

💡 Solution & Explanation

Article 22 protects against arbitrary arrest and detention, stipulating that preventive detention cannot exceed three months unless an advisory board reports sufficient cause for extended detention. Parliament is also empowered by Article 22(7) to prescribe maximum periods and circumstances for detention beyond three months. Both statements accurately reflect constitutional safeguards and legislative competence regarding preventive detention laws.

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