UPSC Prelims Practice Questions — What is preventive detention?

Q1. With reference to Article 22 of the Constitution of India, consider the following statements: Which of the statements given above is/are correct?

  1. A person held under a law providing for preventive detention has a constitutional right to be produced before the nearest magistrate within 24 hours.
  2. A person held under a law providing for preventive detention must be given the earliest opportunity of making a representation against the detention order.
  3. An enemy alien who is arrested cannot claim the Article 22 right to consult and be defended by a legal practitioner of their choice.
  • A. 1 and 2 only
  • B. 1, 2 and 3
  • C. 1 and 3 only
  • D. 2 and 3 only

Q2. Consider the following statements: Which of the following is correct in respect of the above statements?

  1. Under Article 22, a person held under a preventive detention law need not be told the grounds of the detention at any stage.
  2. Article 22 allows the detaining authority to withhold facts whose disclosure it considers to be against the public interest.
  • A. Both Statement-I and Statement-II are correct and Statement-II explains Statement-I
  • B. Both Statement-I and Statement-II are correct, but Statement-II does not explain Statement-I
  • C. Statement-I is correct, but Statement-II is incorrect
  • D. Statement-I is incorrect, but Statement-II is correct

Q3. Consider the following facts about preventive detention in India: (I) Article 22(4) bars any preventive detention law from authorising detention beyond three months unless an Advisory Board reports sufficient cause for it. (II) The Advisory Board consists of persons who are, have been, or are qualified to be, Judges of a High Court. (III) The Constituent Assembly rejected proposals to shorten the permissible periods of preventive detention. Which of the following inferences can be drawn from the above?

  1. The framers envisaged that preventive detention could, in some cases, lawfully continue for longer than three months.
  2. Continued detention beyond the initial period is subjected to scrutiny by a body other than the detaining executive.
  3. Advisory Board proceedings amount to a criminal trial that decides whether the detainee committed an offence.
  • A. 1 and 2 only
  • B. 1, 2 and 3
  • C. 1 only
  • D. 2 and 3 only

Q4. A State legislature proposes to enact its own law on preventive detention. Under the Seventh Schedule, consider the following purposes: Which of the purposes given above fall within the competence of the State legislature?

  1. Preventive detention for reasons connected with the security of the State
  2. Preventive detention for maintaining supplies and services essential to the community
  3. Preventive detention for reasons connected with defence
  4. Laying down how persons held under such a State law are to be treated while in detention
  • A. 1, 2, 3 and 4
  • B. 1, 2 and 4 only
  • C. 1 and 2 only
  • D. 2, 3 and 4 only

Q5. Consider the following statements: Which of the following is correct in respect of the above statements?

  1. A State legislature cannot enact a law providing for preventive detention for reasons connected with foreign affairs.
  2. Preventive detention for reasons connected with foreign affairs is placed in the Union List and not in the Concurrent List.
  • A. Both Statement-I and Statement-II are correct and Statement-II explains Statement-I
  • B. Both Statement-I and Statement-II are correct, but Statement-II does not explain Statement-I
  • C. Statement-I is correct, but Statement-II is incorrect
  • D. Statement-I is incorrect, but Statement-II is correct