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

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Q: 101 (CDS-I/2016)

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 :

question_subject: 

Polity

question_exam: 

CDS-I

stats: 

0,35,53,35,9,23,21

keywords: 

{'preventive detention': [1, 0, 1, 1], 'detention order': [0, 0, 0, 1], 'bail': [0, 0, 0, 1], 'jail': [0, 0, 0, 4], 'clauses': [0, 0, 0, 1], 'prison': [0, 0, 1, 5], 'detenue': [0, 0, 0, 1], 'rights': [0, 0, 1, 4], 'constitution': [39, 3, 11, 39], 'india': [8, 1, 7, 13]}

The correct answer for this question is option-1, which states that 1 and 2 only are correct.

Let`s dissect each option to understand why this is the correct answer:

Option 1 states that the detenue has no rights other than those mentioned in clauses (4) and (5) of Article 22 of the Constitution of India. Clauses (4) and (5) of Article 22 provide certain rights to the detenue, such as the right to be informed of the grounds of detention, the right to make a representation against the detention, and the right to consult with a legal practitioner of their choice. Therefore, this statement is correct.

Option 2 states that 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. This means that if the detenue was already in jail for a different offense when the detention order was issued, he has the right to challenge the legality of the detention. This statement is also correct.

Option 3 states that the detenue can claim bail on the ground that he has been in prison beyond twenty-four hours without an order of the magistrate. However, this statement is incorrect. The detenue does not