Misuse Of Preventive Detention Laws In India: A Constitutionality Analysis Under Article 22
- IJLLR Journal
- Jan 17
- 1 min read
Deepanshu Chauhan, LL.M., SRM University, Delhi NCR.
Dr Shalini Saxena, Associate Professor at SRM University, Delhi NCR.
ABSTRACT
Preventive Detention represents one of the most contentious powers vested in the most controversial powers vested in the state, as it authorises deprivation of personal liberty without trial. Unlike punitive detention, which follows the commission of an offence, preventive detention is based on the anticipation of future conduct. In India, preventive detention finds legitimate sanction under Article 22 of the Indian Constitution, making India one of the rare democratic nations to fundamentally sanction such a power. While the prominent of the constitution uphold this exception to personal freedom on the basis of national security, social order, and sovereignty, the continual misuse1 of preventive detention statue has raised serious legitimate and human rights grievance.
This research paper examines the misuse of preventive detention laws in India with a specific focus on Article 22 and its safeguards. It identifies the core constitutional problem: whether preventive detention laws, despite procedural safeguards, undermine the fundamental right to personal liberty under Article 21. This paper adopts a dogmatic and logical research approach, relying on legislative provisions, judicial judgments, law commission reports, and juristic writings. Through an interrogation of case law and modern practices, the study highlights how preventive detention has generally been used irrationally, unreasonably, and for political or regulatory convenience. The document deduces recommendations for rectify, rectification the need for stronger judicial supervision, legislative revision, and a justifiable interpretation of Article 22.
Keywords: Preventive detention, National Security, Fundamental rights, Protest.
