Examine the relevance of preventive detention in a constitutional scheme wedded to the rule of law.
Approach of the Answer
- Introduction: Introduce with the concept of rule of law and preventive detention.
- Body: Analyse its relevance for India in present times.
- Conclusion: Conclude by giving a way forward.
Answer
Indian constitution inherited two antagonistic legacies from the British parliamentary system. On one hand Dicey’s concept of rule of law as adopted under article 14 of the Indian constitution propagates the idea of equality before law, on the other hand, there exists a highly controversial provision of Preventive detention under Article 22(3).
Prevention with Safeguards
- The preventive detention act allows arrests even before the commitment of crime, if ....
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