Preventive Detention And The Normalisation Of Executive Power In India: A Constitutional And Human Rights Analysis With Special Reference To Tamil Nadu
- IJLLR Journal
- Feb 24
- 1 min read
Dr. V. John Peter, B.E, LL.B., Government Law College, Chengalpattu, Tamilnadu
ABSTRACT
Preventive detention represents one of the most exceptional powers available to the executive in a constitutional democracy. Though constitutionally permitted in India, it was intended to operate only under extraordinary circumstances involving threats to public order or national security. In recent years, however, preventive detention has increasingly been employed as a routine policing mechanism rather than an exceptional measure. This article examines the contemporary use of preventive detention laws in India, with special reference to Tamil Nadu, and analyses their compatibility with constitutional safeguards under Articles 21 and 22 and international human rights standards under the International Covenant on Civil and Political Rights. It argues that the routine and mechanical invocation of preventive detention reflects a troubling normalisation of executive power, resulting in erosion of personal liberty, dilution of procedural safeguards, and weakening of judicial oversight. The article concludes that preventive detention, as presently practiced, poses a serious constitutional and human rights challenge requiring urgent recalibration.
Keywords: Preventive Detention; Personal Liberty; Article 21; Article 22; ICCPR; Goondas Act; Tamil Nadu; Executive Power; Criminal Law Reform.
