ANALYSING PREVENTIVE DETENTION LAWS AND ARTICLE 21
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https://doi.org/10.55662/Keywords:
Preventive detention, Maneka Gandhi case, Article 22, Article 21, Golden Triangle, DetenuAbstract
Preventive detention, the right of the authorities to hold a person in custody on mere suspicion. The draconian law has been inherited from our colonial masters, though opposed has been in our Constitution for the past seventy years. The paper looks at the shift of the preventive detention laws position from A.K. Gopalan case to the landmark judgement which introduced the concept of ‘Golden Triangle’, Maneka Gandhi v. Union of India. Though the courts have tried to plunge the loopholes present in Article 22 of the Constitution, the decision of suspicion is subjective. Though the laws which are supportive of preventive detention are in the lines of “Prevention is better than Cure”. The courts have in the various judgements such as the case of Francis Coralie Mullin have held that the test of Article 21 has to be passed along with the tests of Article 22.
This paper tries to look into the harmonious construction of Articles 21 and 22 of the Constitution of India. Though a widely debated Article, it is requirement for the welfare of the citizens.
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