A person's liberty can be curtailed either as a punitive or a preventive measure. Punitive detention is detention in the form of punishment for the commission of an offence. Preventive detention is, on the other hand, detention in apprehension of an offence.
Article 22 of the Constitution lays down safeguards and rights for a person who has been detained by the authorities. However, clause 3 states that such rights are not available to a person who has been detained under a preventive detention law. Clause 4 provides that a person detained under preventive detention law cannot be detained for a period exceeding three months unless an advisory board, having the qualifications to be appointed as a judge of a High Court, expresses its opinion before the expiry of three months that there is sufficient ground for detaining him for a longer period.
Article 22(5) provides that when a person has been detained under preventive measures, he has a right that the authority making the detention order:
(1) communicates the grounds of detention to him, unless it is against public interest, and
(2) provide him with an earliest opportunity for making a representation against such an order.
The Preventive Detention Act, 1950, provides that an order for preventive detention can be passed only on the following grounds:
(1) security of state and maintenance of public order,
(2) maintenance of supplies and essential services and,
(3) foreign affairs or defence and security of India. (Section 3)
Section 8 of the Act provides that the Central and State government to constitute one or more advisory boards consisting of three members.
Article 22 of the Constitution lays down safeguards and rights for a person who has been detained by the authorities. However, clause 3 states that such rights are not available to a person who has been detained under a preventive detention law. Clause 4 provides that a person detained under preventive detention law cannot be detained for a period exceeding three months unless an advisory board, having the qualifications to be appointed as a judge of a High Court, expresses its opinion before the expiry of three months that there is sufficient ground for detaining him for a longer period.
Article 22(5) provides that when a person has been detained under preventive measures, he has a right that the authority making the detention order:
(1) communicates the grounds of detention to him, unless it is against public interest, and
(2) provide him with an earliest opportunity for making a representation against such an order.
The Preventive Detention Act, 1950, provides that an order for preventive detention can be passed only on the following grounds:
(1) security of state and maintenance of public order,
(2) maintenance of supplies and essential services and,
(3) foreign affairs or defence and security of India. (Section 3)
Section 8 of the Act provides that the Central and State government to constitute one or more advisory boards consisting of three members.
