Phase IFoundation
Background
Overview
UPSC frequently examines the delicate balance between state security/public order and individual liberties, the constitutional provisions related to fundamental rights, and the role of the judiciary in upholding them. Preventive detention is a critical area where these tensions are evident, making its legal framework, safeguards, and potential for misuse highly relevant.
Preventive detention refers to the detention of a person without trial, based on suspicion that they are likely to commit a future offense or to prevent them from acting in a manner prejudicial to public order or national security. Unlike punitive detention, which punishes for past offenses, preventive detention aims to prevent future harm.