1: Understanding the Concept of Preventive Detention

- Originated during the British colonial rule in India since 1818, preventive detention authorises the detention of a person without trial to prevent potential criminal offences.

- The Defence of India Acts of 1915 and during the Second World War introduced the provisions of preventive detention.

- Advisory boards review detention orders and must approve any detention exceeding three months.

- Grounds for preventive detention include state security, public order, and foreign affairs.

- Preventive detention implies detaining a person on the suspicion of criminal intent, while punitive detention serves as punishment for an actual criminal offence.

- Article 22 of the Indian Constitution affords protection to arrested or detained persons and requires the formation of advisory boards for reviewing preventive detention laws.

2: Legal Protections and Associated Laws

- Detained individuals have the right to challenge their detention and must be informed of their detention grounds unless it's considered detrimental to public interest.

- Public Safety Act, Narcotics Drug and Psychotropic Substance Act,1985, and the National Security Act are among the relative preventive laws.

- There's been a significant reduction in preventive detentions under the National Security Act, from 741 in 2020 to 483 in 2021.

3: Criticisms and Misuse of Preventive Detention

- Point of contention in democracies worldwide with India incorporating it as an integral part of the Constitution.

- Potential misuse by governments to exert extrajudicial authority and facilitate arbitrary detentions.

- Misuse of laws like the Unlawful Activities (Prevention) Act, 1967 for preventive detentions.

- Manipulation of preventive detentions by district magistrates and police to control law and order, even without threats of public disorder.

4: Supreme Court Rulings on Preventive Detention

- Ameena Begum Case, 2023: Supreme Court highlighted that preventive detention should be an exceptional measure limited to emergency situations and not as a routine practice.

- Anukul Chandra Pradhan Case, 1997: Emphasised preventive detention's goal of preventing harm to state security over punitive measures.

5: Distinction Between Public Order and Law & Order

- Public order maintains peace and stability within society while curbing activities disrupting the public safety or community well-being.

- The Indian Constitution authorises the Parliament to make laws for preventive detention relating to defence, foreign affairs, or security under Entry 9 of List I (Union List).

- Both the Parliament and State Legislature can enact such laws under Entry 3 of List III (Concurrent List) in relation to public order maintenance and essential community supplies or services.

- The Supreme Court distinguishes between 'public order' and 'law and order' based on the degree and extent of their impact on the society or individual groups.

6: The Way Forward

- The National Commission to Review the Working of the Constitution recommended limiting detention under Article 22 to six months and mandating the advisory board's composition to include serving High Court judges.

- The Supreme Court stressed in July 2022 that the exceptional powers of preventive detention implicating individual liberties should be sparingly and judiciously used.