THE CONSTITUTIONAL DIMENSIONS OF PREVENTIVE DETENTION IN INDIA
Keywords:
Preventive Detention, Constitution of India, Fundamental Rights, Personal Liberty, Article 21, Article 22, Due Process, Judicial Review, National SecurityAbstract
This paper examines the challenging equilibrium between the State's need to maintain public order and national security and the individual's right to personal liberty concerning preventative detention in India. The examination focuses on Articles 21 and 22 of the Indian Constitution, which provide procedural safeguards against arbitrary imprisonment, as well as the evolution of preventive detention legislation. This article examines the Supreme Court of India's interpretation of constitutional provisions on preventative detention, focusing on fairness, proportionality, and due process. This essay examines the constitutional legality of preventative detention through judicial scrutiny, highlighting the tension between individual rights and collective security. To uphold preventative detention as a distinctive measure within India's democracy and constitution, there is a pressing need for enhanced constitutional accountability and safeguards.
