Preventive Detention in India: Meaning, Constitutional Basis, and Debate

Preventive detention allows authorities to detain a person without trial to prevent future threats.
In India, it is constitutionally permitted to protect state security, public order, and national interests.

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• Detention without crime, based on future threat perception

• Constitution permits preventive detention under Article 22

• Parliament has exclusive power to make detention laws

• Maximum detention three months without advisory board approval

• Advisory board review mandatory for extended detention

• Grounds include state security, public order, foreign affairs

• Key laws include NSA 1980, COFEPOSA 1974, TADA 1985

• Supreme Court says aim is prevention, not punishment

• Safeguards include representation and habeas corpus

• Criticised for violating personal liberty and misuse risks