Question Bank on (Preventive Detention and Constitutional Safeguards under Article 21)

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Question Bank

Question

What is preventive detention?

Solution

Preventive detention is the imprisonment of a person without trial or conviction by a court, aimed at preventing future offenses or maintaining public order. It is authorized under laws like the National Security Act (NSA) or the Unlawful Activities (Prevention) Act (UAPA).

Question

How does preventive detention differ from punitive detention?

Solution

Preventive Detention: No trial; detention is based on suspicion of potential harm to public order/security.
Punitive Detention: Follows a trial and conviction for a committed offense.

Question

What constitutional safeguards exist under Article 21 against arbitrary detention?

Solution

Article 21 guarantees "right to life and personal liberty," requiring:

Due process of law.
Timely communication of detention grounds (Article 22(1)).
Right to legal representation (Article 22(1)).
Review by an advisory board within 3 months (Article 22(4)).

Question

Name a landmark case on preventive detention safeguards.

Solution

A.K. Gopalan v. State of Madras (1950) – Initially upheld narrow interpretation of "procedure established by law." Later, Maneka Gandhi v. UoI (1978) expanded it to include "fair and just procedure."

Question

How does the Khursheed Ahmad Chohan case relate to Article 21?

Solution

The case highlights custodial torture as a violation of Article 21. The Supreme Court:

Directed CBI investigation to ensure impartiality.
Awarded compensation for rights violation.
Quashed the fabricated FIR against the victim.

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Question Bank

Question

What is preventive detention?

Solution

Preventive detention is the imprisonment of a person without trial or conviction by a court, aimed at preventing future offenses or maintaining public order. It is authorized under laws like the National Security Act (NSA) or the Unlawful Activities (Prevention) Act (UAPA).

Question

How does preventive detention differ from punitive detention?

Solution

Preventive Detention: No trial; detention is based on suspicion of potential harm to public order/security.Punitive Detention: Follows a trial and conviction for a committed offense.

Question

What constitutional safeguards exist under Article 21 against arbitrary detention?

Solution

Article 21 guarantees "right to life and personal liberty," requiring:Due process of law.Timely communication of detention grounds (Article 22(1)).Right to legal representation (Article 22(1)).Review by an advisory board within 3 months (Article 22(4)).

Question

Name a landmark case on preventive detention safeguards.

Solution

A.K. Gopalan v. State of Madras (1950) – Initially upheld narrow interpretation of "procedure established by law." Later, Maneka Gandhi v. UoI (1978) expanded it to include "fair and just procedure."

Question

How does the Khursheed Ahmad Chohan case relate to Article 21?

Solution

The case highlights custodial torture as a violation of Article 21. The Supreme Court:Directed CBI investigation to ensure impartiality.Awarded compensation for rights violation.Quashed the fabricated FIR against the victim.

Preventive Detention: No trial; detention is based on suspicion of potential harm to public order/security.
Punitive Detention: Follows a trial and conviction for a committed offense.

Article 21 guarantees "right to life and personal liberty," requiring:

Due process of law.
Timely communication of detention grounds (Article 22(1)).
Right to legal representation (Article 22(1)).
Review by an advisory board within 3 months (Article 22(4)).

The case highlights custodial torture as a violation of Article 21. The Supreme Court:

Directed CBI investigation to ensure impartiality.
Awarded compensation for rights violation.
Quashed the fabricated FIR against the victim.