NCJ Number
138502
Date Published
1991
Length
1261 pages
Annotation
This book attempts to interpret India's preventive detention laws and to codify various Supreme Court pronouncements of the last 40 years on the law relating to preventive detention and how it has upheld the rule of law and protected personal liberty and human freedom.
Abstract
India's law relating to preventive detention now has been codified in Article 22 of the Constitution, but its earliest form can be traced to the East India Company Act of 1793. Article 22 provides protection against arrest and detention in certain cases. A review of the general principles of preventive detention, constitutional rights, the basis for detention, subjective satisfaction and judicial review, grounds for detention, the detention order and procedure, and the detention of foreigners follows a discussion of personal liberty and the rule of law versus preventive detention. The book includes guidelines for the sponsoring and detaining authority and a table of cases. 974 footnotes and 14 appendixes