Author(s): T Ramees Raj and Anju Pillai

Abstract: Preventive detention is the power of the state to hold someone without trial on the suspicion that they might cause future harm. It has long sparked debate in India. Unlike punishment after proven guilt, it acts before the fact and is based on fears of threats to public order or national security. India is among the few democracies that have written such powers directly into its Constitution under Article 22. This article traces the history, laws, and court rulings on preventive detention and examines how courts have shifted between upholding government discretion and gradually building checks through due process. The paper also asks whether preventive detention, often used against journalists, students, activists, and dissenters, aligns with Ambedkar’s idea of constitutional morality and India’s commitments to liberty, dignity, and equality. A comparison with international standards under the ICCPR shows India falling short. The study concludes that preventive detention has shifted from an emergency safeguard to a routine tool of governance. To restore balance, reforms are needed, including stronger judicial review, stricter limits on executive power, mandatory transparency, compensation for wrongful detention, and regular legislative oversight.

Pages: 263-267 | Views: 673 | Downloads: 349

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