This short article is written by R.Madhumitha, a student of The Tamilnadu Dr.Ambedkar Law University (SOEL).
ABSTRACT:
Preventive detention is a unique concept validated by laws like the National Security Act and a controversial aspect of our Indian constitution. It permits detention without charge or trial in order to remove certain threats to individual liberty and national security. The executive power under these laws and Indian constitution’s fundamental rights are inherently conflicted subject matter examined in this article. This article also covered the foundation of preventive detention in constitutional aspects, its evolution in earlier days, procedural protections afforded to detainees, and other landmark judicial interpretations. At last it evaluates the current legal system which balances individual liberty and national security.
KEYWORDS:
Preventive Detention; National Security; Article 22; Personal Liberty; Indian Constitution; Judicial Review.
