Q. With reference to preventive detention consider the following statements:
- The Constitution of India provides that the time period of preventive detention cannot exceed one month without an advisory board's approval for an extension.
- The person should be informed of the reasons for his or her detention.
Which of the statements given above is/are correct?
Answer:
2 only
Notes:
- The Constitution of India provides that the time period of preventive detention cannot exceed one month without an advisory board's approval for an extension. Incorrect: Article 22 of the Indian Constitution protects people who are arrested or detained. Article 22 (4) states that no law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless:
- An Advisory Board reports sufficient cause for extended detention.
- Such a person is detained in accordance with the provisions of any law made by the Parliament.
- The person should be informed of the reasons for his or her detention. Correct: The person should be given the opportunity to appeal against the detention order and he or she should be informed of the reason for detention.