Advisory board
Topic: Fundamental Rights and Constitutional Remedies · NCERT: Class 11, Ch 2 "Rights in the Indian Constitution"
Meaning
An advisory board is a body that checks cases of preventive detention, which means jailing a person without trial to stop something they might do in the future. Under Article 22(4), nobody can be held in preventive detention for more than three months unless an advisory board reports that there is enough cause. Its members must be persons qualified to be High Court judges. The board is a safeguard against detention for no good reason. The 44th Amendment (1978) tried to cut the three-month limit to two months, but that change was never brought into force (A.K. Roy, 1982).
Example
A person is detained under the National Security Act, 1980. If the government wants to keep them in jail beyond three months, the case must go to an advisory board. If the board finds no sufficient cause, the person must be released.
Don't confuse with
- NHRC: a human rights body that inquires into violations and makes recommendations. An advisory board examines particular detention orders. If it finds no sufficient cause, the detention must end.
Related concepts
- Protection in respect of conviction for offences
- Ex post facto law
- Double jeopardy
- Right against self-incrimination
- Narco-analysis test
- Protection against arrest and detention
- Right to speedy trial
- D.K. Basu guidelines
- Preventive detention
- National Security Act 1980