Barring exceptions, no law providing for preventive detention shall au

Barring exceptions, no law providing for preventive detention shall authorize the detention of a person for a period longer than

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one month

two months

three months

two weeks

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Answer is Wrong!

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UPSC CBI DSP LDCE – 2023

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Article 22(4) of the Constitution of India states that “No law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless— (a) an Advisory Board consisting of persons who are, or have been, or are qualified to be appointed as, Judges of a High Court has reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention”. Thus, without a report from an Advisory Board, the maximum period of preventive detention is three months.

Article 22 provides protection against arrest and detention in certain cases. Clauses (1) and (2) deal with punitive detention, while clauses (3) to (7) deal with preventive detention. Preventive detention laws allow detention without trial for a limited period, but the Constitution imposes safeguards like the three-month limit without Advisory Board approval and the right to be informed of the grounds of detention.

Parliament has the exclusive power to make laws for preventive detention for reasons connected with defence, foreign affairs, or the security of India. Both Parliament and State Legislatures can make laws for preventive detention for reasons connected with the security of a State, the maintenance of public order, or the maintenance of supplies and services essential to the community.

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