Question

Law of Preventive Detention can provide for detention of any person

• A. At any time during peace or war irrespective of the fact whether proclamation of emergency has or has not been made
• B. Only when a proclamation of internal emergency is made
• C. Only when a proclamation of national emergency is made
• D. Only when India is at war with any country

Hint:

Article 22 of the Constitution deals with protection against arrest and detention. It also provides specific safeguards relating to preventive detention, which may be exercised even without a proclamation of emergency.

Answer 1

The Correct Option is A

Concept: The Constitution of India permits preventive detention even during normal times. It is not dependent on the proclamation of an emergency. Preventive detention laws are enacted to prevent a person from acting in a manner prejudicial to the security of the State, public order or other specified interests. Step 1: Recall the Constitutional provision.
Preventive detention is recognized under Article 22 of the Constitution of India and may operate both during peace and war.

Step 2: Analyse the options.

• At any time during peace or war irrespective of emergency -- Correct.

• Only during internal emergency -- Incorrect.

• Only during national emergency -- Incorrect.

• Only when India is at war -- Incorrect.

Step 3: Final conclusion.
Hence, preventive detention can be exercised \[ \boxed{\text{At any time during peace or war irrespective of whether an emergency has been proclaimed}.} \]