Indian Polity • ConstitutionHard
Consider the constitutional scope of Preventive Detention under Article 22: 1. No detention can exceed three months unless an Advisory Board consisting of persons qualified to be High Court judges reports sufficient cause for extended detention. 2. The grounds of detention must be communicated to the detenu as soon as possible, and the detenu must be afforded the earliest opportunity of making a representation against the order. 3. Parliament has exclusive authority to make laws for preventive detention connected with defense, foreign affairs, or the security of India. Which of the statements given above are correct?
A. 1 and 2 only
B. 2 and 3 only
C. 1 and 3 only
D. 1, 2 and 3✓ Correct Answer
💡 Solution & Explanation
All statements are correct. Article 22 regulates preventive detention by mandating advisory board approval for extensions beyond three months, requiring communication of grounds for representation, and vesting Parliament with exclusive legislative power over preventive detention relating to national security. State legislatures share concurrent power with Parliament on preventive detention matters related to public order. Preventive detention is designed as a precautionary measure rather than a punitive one.
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