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Statement I: The fundamental right of the constitution is having the provision for prevention against Preventive detention. Statement II: Only the Parliament can make laws on Preventive detention for all over the country.

Statement I: The fundamental right of the constitution is having the provision for prevention against Preventive detention. Statement II: Only the Parliament can make laws on Preventive detention for all over the country. Correct Answer Statement I is true but statement II is false.

The correct answer is option 3, i.e. Statement I is true but statement II is false.

Article 22 of the constitution provides protection against arrest and detention.

  • Detention is of two types:
    • Punitive detention is to punish a person for an offence after the trial and conviction by the court.
    • Preventive detention is to prevent a person from committing an offence in the future without trial and conviction by the court.
      • It is primarily based on suspicion.
  • Article 22 is having two parts one is to deal with the cases of ordinary law and the second part deals with the cases of Preventive detention law. Hence statement I is true.
  • The Preventive detention is available for both citizens as well as aliens.
  • The constitution has empowered both Parliament and state legislature to make law with regard to Preventive detention. Hence statement II is false.
    • Parliament has exclusive power to make law connected with defence, foreign affairs and the security of India.
    • The State legislature and Parliament both can make law for reasons related to the security of the state, public order, the supply of essential service for the community etc.
    • No democratic country in the world has made Preventive detention as an integral part of the Constitution.

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