• RADHIKA SINGHAL

The Defence of India Act, 1915, prescribed special procedural rules including Provisions for' preventive detention. The Government of India Act, 1935 also contained the provisions for preventive detention; the Act empowered the Federal as well as Provincial Legislatures to enact laws providing for Preventive detention. Preventive Detention laws are repugnant to any democracy and are not found to exist in democratic countries of the world. Preventive detention laws are unknown to America, they are resorted only during war time in England but nowhere in the whole world has this formed an integral part of the Constitution, as in the case of Constitution of India. The personal liberty of the individuals in India is guaranteed to the citizens under Article 21, Part 3 of the Constitution of India and curtailed to considerable limits in the sub clauses of the very next Article i.e. Article 22 of the Constitution of India. It is the time that the Parliament must analysis the validity of these laws on the anvil of Constitutionality and make necessary amendments to its provisions to safeguard the liberty of the individuals from being subjected to the interests of the State.

Article 21; Constitution of India; Preventive Detention; Democracy.

"PREVENTIVE DETENTION: AN EVIL OF ARTICLE 22", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.6, Issue 4, page no.424-429, April-2019, Available :http://www.jetir.org/papers/JETIR1904364.pdf

"PREVENTIVE DETENTION: AN EVIL OF ARTICLE 22", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.6, Issue 4, page no. pp424-429, April-2019, Available at : http://www.jetir.org/papers/JETIR1904364.pdf