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Monday, May 18, 2020 | History

2 edition of Preventive detention under Indian Constitution found in the catalog.

Preventive detention under Indian Constitution

Pannalal Dhar

Preventive detention under Indian Constitution

by Pannalal Dhar

  • 87 Want to read
  • 30 Currently reading

Published by Deep & Deep Publications in New Delhi .
Written in English

    Places:
  • India.
    • Subjects:
    • Preventive detention -- India.,
    • Preventive detention.

    • Edition Notes

      StatementPannalal Dhar.
      Classifications
      LC ClassificationsLAW
      The Physical Object
      Pagination326 p. ;
      Number of Pages326
      ID Numbers
      Open LibraryOL2360862M
      LC Control Number86902282

        4) Foreign affairs or security of India. A person may be detained without trial only on any or some of the above grounds. A detainee under preventive detention can have no right to personal liberty guaranteed by Article 19 or Article To prevent the reckless use of Preventive Detention, certain safeguards are provided in the constitution. The protection afforded by clause (1) of Article 20 of the Indian Constitution is available only against conviction or sentence for a criminal offence under ex post facto law and not against the trial. The protection of clause (1) of Article 20 cannot be claimed in case of preventive detention, or demanding security from a Size: KB.

        Preventive detention laws should not have a place in a constitutional democracy like that of India. Originally, the framers of our Constitution gave constitutional status to preventive detention Author: A Saravanan. The Preventive Detention Acts – The first Preventive Detention Act was enacted by the Parliament on 26th February, The object of the Act was to provide for detention with a view to preventing any person from acting in a manner prejudicial to the defense of India, the relation of India with foreign powers, the security of India.

      The National Security Act of is an act of the Indian Parliament promulgated on 23 September, whose purpose is "to provide for preventive detention in certain cases and for matters connected therewith". The act extends to the whole of Contains 18 sections. This act empowers the Central Government and State Governments to detain a person to prevent him/her from acting in any Enacted by: Parliament of India. The Union List or List-I is a list of 98 numbered items((after st Constitutional amendment act ,entry 92 and 92c removed)) (the last item is numbered 97) given in Seventh Schedule in the Constitution of India on which Parliament has exclusive power to legislate. The legislative section is divided into three lists: Union List, State List and Concurrent List.


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Preventive detention under Indian Constitution by Pannalal Dhar Download PDF EPUB FB2

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Preventive detention under Indian Constitution. New Delhi: Deep & Deep Publications, © (OCoLC) Document Type: Book: All Authors / Contributors: Pannalal Dhar. Preventive Detention In The Constitution of Indian Preventive Detention is the the most contentious part of the scheme fundamental rights in the Indian constitutions.

The Article 22 (3) of the Indian constitution provides that, if a person is arrested or detained under a law providing for preventive detention, then the protection against arrest and detention under Article 22 (1) and 22 (2) shall not.

The Constitution (44"' Amendment) Act,sought to amend clause (4) of Article 22 to provide that Preventive detention under Indian Constitution book Advisory Board shall be constituted, in accordance of the recommendations of the Chief Justice of the appropriate High Court.

The Advisory Board was to consist of a Chairman, and two other Size: 2MB. Preventive detention and Constitution of India On the 26th day of NovemberPeople of India resolved to constitute India into the Sovereign Democratic Republic and in the Constituent Assembly adopted, enacted and gave to themselves an instrument of social contract – the Constitution of India – which became effective from Janu Unlike the preventive detention laws as guaranteed by the Indian Constitution, US do not have any laws which prohibit preventive detention by the state i.e.

not considered them illegally. The US congress has the power to detain individuals not convicted of crimes for preventive measures under the banner of national : Diva Rai. It was held that the Preventive Detention act was intra vires the Constitution of India with the exception of Section 14 which is illegal and ultra vires.

It was further held that Article 21 is applicable to preventive detention and Preventive Detention Act permits detention beyond a period of three months and excludes the necessity of consulting an advisory board.

CONSTITUTIONAL PROVISIONS FOR PREVENTIVE DETENTION At present the provisions pertaining to preventive detention in the Indian Constitution are contained in Article 22 4 and in List I (Entry 9) and List III (Entry 3) of the Seventh Size: KB.

Essay on Protection against Arrest and Detention as per Indian Constitution Article 22 guarantees three rights.

First, it guarantees the right of every person who is arrested to be informed of the cause of his arrest; secondly, his right to consult, and to be defended by a lawyer of his choice.

The Article 22 (3) of the Indian constitution provides that, if a person is arrested or detained under a law providing for preventive detention, then the protection against arrest and detention under Article 22 (1) and 22 (2) shall not be tive detention thus is action taken on grounds of suspicion that some wrong actions may be done by the person concerned.

Preventive Detention is the most contentious part of the scheme fundamental rights in the Indian constitutions Article 22(3) provides that if the person who has been arrested or detained under preventive detention laws then the protection against arrest and detention provided under article22 (1) and22 (2) shall not be available to that person.

Preventive detention finds a place in article 22 of the Constitution. Preventive detention, that is detention without trial, is a negation of the Rule of Law and the principle of fair trial.

A person is deprived of his or her liberty and incarcerated on the basis of suspicion. It is an anathema to some minds. Some. The chapter then turns to the decision India's newly independent leadership made to constitutionally entrench preventive detention and to avoid expressly guaranteeing “due process” beyond specific, enumerated rights.

This chapter discusses preventive detention in India and argues that it has not been able to fulfil its underlying rationale of ensuring security and stability while also giving rise to a repeated pattern of abuse and suppression. First, it traces the history of preventive detention laws in India, focusing on the Indian Constitution, British colonial laws, and post-Independence Constituent.

Fundamental Rights can be found under Part III of the Constitution of India. Definition – Subclause (1) of Article 22 says that “No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.”.

In India, preventive detention is for a maximum period of three months, a limit which can be changed by the ing to Preventive Detention Actit can be extended beyond three months upto a total of twelve months, only on the favourable recommendation of an advisory board, made up of High Court judges or persons eligible to be appointed High Court judges.

foreign affairs and security of India. Any person arrested under preventive detention on any of the above grounds, can have no right to liberty visualized under Art 19 or However to prevent reckless use of ‘preventive detention, the constitution prescribes some safeguards. There is no doubt that as per the present Indian legal system, the preventive detention is the most contentious part of the fundamental rights and “if a person is arrested or detained under a law providing for preventive detention, then the protection against arrest and detention under Article 22(1) and (2) shall not be available”.

“The Author: Sylvine. Article 22 of the Constitution provides preventive detention laws. The object of preventive detention is to prevent a person from committing a crime and not to punish him as is done under punitive detention.

Image Source:   The Article 22 (3) (b) of the Indian constitution provides that, if a person is arrested or detained under a law providing for preventive detention, then the protection against arrest and detention under Article 22 (1) and 22 (2) shall not be available.

Preventive detention should be carefully distinguished from punitive detention. The constitutional scholar Madhav Khosla’s new book, India A constitutional clause allowing for “preventive detention” without trial of up to two years has been used to put away.

The making of the Indian Constitution was unparalleled in its scope — the well-being of a nation with a magnificent diversity of languages, faiths, customs, and differences.

If the country were. Abdullah, Mufti and Farooq Abdullah were put under preventive detention in the aftermath of August 5, crackdown by the Centre. Former Jammu and Kashmir chief ministers Omar Abdullah and Mehbooba Mufti, already under house arrest since the abrogation of Article on August 5, were Thursday booked under the stringent Public Safety Act (PSA) by the J&K administration.