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Q132 (CISF/2024) Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties

Which one among the following provisions of the Constitution of India relates to preventive detention?

Result
Your answer: —  ·  Correct: D

Explanation

Article 22 of the Constitution of India deals with protection against arrest and detention in certain cases. It is divided into two parts: the first part (Clauses 1 and 2) deals with punitive detention, while the second part (Clauses 3 to 7) specifically deals with preventive detention.

  • Article 22(3) explicitly states that the safeguards against arrest (like being informed of grounds or produced before a magistrate) do not apply to a person arrested or detained under any law providing for preventive detention.
  • Article 22(4) to (7) provide specific safeguards for preventive detainees, such as the constitution of an Advisory Board and the right of the detainee to make a representation against the detention order.

Other options: Article 19 protects six fundamental freedoms; Article 20 provides protection regarding conviction for offences; and Article 21 guarantees the right to life and personal liberty.

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SIMILAR QUESTIONS

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Which one of the following is not a correct statement with reference to the Constitution of India ?

CDS-I · 2016 · Q100 Relevance score: 5.76

Which of the following statements with regard to preventive detention in India is / are correct ? 1. The detenue has no rights other than those mentioned in clauses (4) and (5) of Article 22 of Constitution of India 2. The detenue has a right to challenge the detention order on the ground that he was already in jail when the detention order was passed 3. The detenue can claim bail on the ground that he has been in prison beyond twenty-four hours without an order of the magistrate Select the correct answer using the code given below :

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The protection against arrest and detention under Article 22 of the Constitution of India is not available to 1. an enemy alien 2. a person detained under a preventive detention law 3. a foreigner 4. an overseas citizen of India Select the correct answer using the code given below.

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The two provisions of the Constitution of India that most clearly express the power of judicial review are: