Preventive detention under Article 22 has additional safeguards in clauses (4) to (7). Which of the following is one of those safeguards?
Answer & Solution
Correct answer: A.
1. Article 22(4)(a) provides that no preventive detention law shall authorise detention for more than three months unless an Advisory Board (composed of persons qualified to be High Court Judges) has reported sufficient cause.
2. Article 22(7) permits Parliament to prescribe by law circumstances in which a person may be detained for longer without an Advisory Board.
3. There is no 24-hour Supreme Court review requirement; the 24-hour limit relates to ordinary arrest under Article 22(2).
4. Preventive detention applies to both citizens and non-citizens.
_Source: Constitution of India (Bare Act, updated to 105th Amendment Act 2021), Govt. of India Legislative Dept., Article 22(4)(a) read with Article 22(7)_
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