Question

Choose the correct option:
(1) The National Security Act allows the state to detain a person without a formal charge and without trial to prevent them from acting in any manner prejudicial to the security of the state or for the maintenance of public order.
(2) The Indian Constitution allows both preventive detention and the right of protection against arrest and detention in certain cases, as stated in Article 22.
(3) Article 22(3) of the Indian Constitution states that the rights available to an arrested person are not applicable in the case of preventive detention.

• A. Only (1) and (2) are true
• B. Only (2) and (3) are true
• C. Both (1) and (3) are true
• D. (1), (2) and (3) are true

Hint:

Preventive detention laws override some fundamental rights temporarily, especially under Article 22(3). Learn the exceptions for constitutional protections.

Answer 1

The Correct Option is D

Statement 1: True
The National Security Act (NSA), 1980 authorizes preventive detention to safeguard national security and public order, without formal charges or trial.
Statement 2: True
Article 22 of the Constitution provides protection against arrest but also allows preventive detention under certain conditions.
Statement 3: True
Article 22(3) specifically mentions that certain rights like being informed of grounds for arrest or consulting a lawyer are not applicable in cases of preventive detention.