Question

What is the maximum period for which a preventive detention order can be made under Indian law without obtaining the opinion of an Advisory Board?

• A. 3 months
• B. 6 months
• C. 12 months
• D. 24 months

Hint:

Preventive Detention: Maximum 3 months without Advisory Board review. Think: ``3 months = Initial detention limit."

Answer 1

The Correct Option is A

Under Article 22 of the Indian Constitution and laws like the National Security Act (NSA), 1980, a preventive detention order can be issued for a maximum of three months without requiring the approval of an Advisory Board. Preventive detention allows authorities to detain a person to prevent acts prejudicial to state security or public order. If detention is to extend beyond three months, the case must be reviewed by an Advisory Board, which assesses the justification for continued detention. This safeguard ensures that prolonged detention without review is avoided, balancing security needs with individual rights.