• In case a person is detained under preventive
detention he can be kept in custody for 3 months
without trial and is only a precautionary measure.
• Detention can be extended only by an Advisory
Board constituted for the purpose and consisting
of a judge of the high court.
Limitations:
• Public interest: the authority can take recourse to
public interest and refuse to disclose the grounds
of detention.
• Power of the Parliament: The Legislature has
the power to specify the maximum period of
preventive detention.
Article 21
• Protection of life and personal liberty.
Article 21 (A)
• Right to education included.
• Education free and compulsory.
• Between the age of 6 and 14 years.
Article 22
• Protection against arrest and detention.
• To be informed of his offense.
• The person cannot be kept for more than 24
hours in custody without the permission of the
magistrate.
• Right to consult a lawyer.
• Preventive detention.
Right to Equality:
• All are equal before the law. Article 14
• No discrimination. Article 15
• Equal opportunity. Article 16
• Untouchability is abolished by law. Article 17
• Raja, maharaja abolished. Article 18
Right to freedom:
• Associations, unions, move freely, reside and
settle. Practice any lawful profession any
choice.
• Legal protection to everyone.
• Guarantee to live freely and a conducive
environment. Right to Information 19 (A),
October 12
th
, 2005.
Limitations:
• Emergency: Article 19 can be suspended.
• Not absolute.
Article 20:
• Protection in Respect to conviction of offense,
protection to citizens
• Against greater penalty that what is prescribed
in the law.
• No citizen can be punished for the same
offense twice and if is accused himself he
cannot be compelled to be witness.