Phase IFoundation
Background
Overview
It's a critical aspect of constitutional law, balancing state security with individual liberty. UPSC often tests the constitutional provisions, safeguards, and potential for misuse of such laws, and the role of judiciary in upholding rights.
Preventive detention refers to the detention of a person without trial, based on suspicion that they might commit a future crime or pose a threat to national security or public order. In India, Article 22 of the Constitution provides safeguards against arbitrary arrest and detention, but also allows for laws on preventive detention. The National Security Act (NSA) of 1980 is a key statutory framework for preventive detention in India.