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 is a constitutional provision under Article 22 of the Indian Constitution that allows the state to detain a person without trial, based on suspicion that they might commit future offenses or pose a threat to public order or national security. It is an exception to the fundamental right to personal liberty.