REFORMING PREVENTIVE DETENTION LAWS IN INDIA: A CONSTITUTIONAL AND HUMAN RIGHTS PERSPECTIVE
Author(s): Dr. Tarushi Gaur
Publication #: 2602018
Date of Publication: 19.02.2026
Country: India
Pages: 1-9
Published In: Volume 12 Issue 1 February-2026
Abstract
Preventive detention remains one of the most controversial features of the Indian constitutional framework, permitting the State to detain individuals without trial in the interest of national security, public order, and maintenance of essential services. While the Constitution of India under Articles 21 and 22 recognizes preventive detention as an exceptional measure, its continued use through statutes such as the National Security Act, 1980 and various state-level preventive detention laws has raised serious constitutional and human rights concerns. The tension between individual liberty and state security lies at the heart of this debate. Judicial interpretation has oscillated between deference to executive satisfaction and protection of procedural safeguards, often limiting substantive review of detention orders. Critics argue that vague statutory language, broad discretionary powers, delays in communication of grounds of detention, and limited access to legal representation undermine the fundamental rights to equality, due process, and personal liberty. From an international human rights perspective, preventive detention regimes must satisfy strict standards of necessity, proportionality, and procedural fairness. This article examines the constitutional scheme governing preventive detention, analyses key Supreme Court judgments, and evaluates compliance with international human rights norms. It argues that meaningful reform requires narrowing statutory grounds, strengthening judicial oversight, ensuring transparency, and aligning domestic law with global human rights obligations. Reforming preventive detention laws is essential to preserving constitutional morality, safeguarding civil liberties, and maintaining democratic accountability in India.
Keywords: Preventive Detention, Article 22, Personal Liberty, National Security, Due Process, Human Rights Law
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